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About Google Book Search Google's mission is to organize the world's information and to make it universally accessible and useful. Google Book Search helps readers discover the world's books while helping authors and publishers reach new audiences. You can search through I lie lull lexl of 1 1 us book on I lie web al |_-.:. :.-.-:: / / books . qooqle . com/| THE MONARCHY OF THE MIDDLE CLASSES FRANCE SOCIAL, LITERARY, POLITICAL, SECOND SERIES. BY HENRY LYTTON BULWER, Esq. M.P. Nature and truth are the same every where, and reason shows them every where alike. But the accidents and other causes, which give rise and growth to opinions both in speculation and practice, are of infinite variety. Bolingbroke on the true Use of Retirement and Study. r *-Reverere conditores Deos, numina Deorum. Reverere gloriam veterem, et hanc ipsam senectutem quse in homine venerabilis, in urbibus sacra est. Sit apud te honor antiquitati, sit ingentibus facti, sit fabulis quoque, nihil ex cujusquam dignitate, nihil ex libertate, nihil etiam ex jactatlone decerpseris. Pliniiu Maximo Suo & , rT * : ? IN f rWO VOLUMES. .""thk ' \OL. II. 'I /' LONDON: RICftAKlf BENTLEY, NEW BURLINGTON STREET. 1836. J- 1 /^ SXfJ/7 LOND ON : 8CHULZE AND CO. 13, POLAND STREET. CONTENTS OF THE SECOND VOLUME BOOK V. SOCIAL CONDITION. CHAPTER I. Page The two questions still left to trial — The condition of society and the method of government among the French people : 3 MANNERS, CHAPTER II. The sociability of the French — Charm of French society — Descriptions, traits, sayings— Facts. ... 6 IV CONTENTS. YOUNG PRANCE. CHAPTER III. Page Modern Cataline — Journalist — Dramatist — Suicides — Son of a tallow-chandler — Monsieur Marmote Fathay — Baron de Royalist — Doctrinaire — Artist — Young Doctors, and Philosophers of the hour 41 SOCIAL STATE. CHAPTER IV. Describe different classes of French society — The middle class is different in France from the mid- dle class elsewhere, and more embrued with the spirit of other classes — Still the character of the shop-keepers on the whole prevails — Chamber, Jury, National Guard, etc. in the hands of this class 74 THE ARISTOCRACY. CHAPTER V. Aristocracy still found in the drawing-room — Driven from the forum — Origin of government of the middle class — Bonaparte's two aristocracies— CONTENTS* V Page Destruction of majorats — Impossibility of here- ditary peerage in France — Law respecting present peerage and fault of 82 STATE OP THE WORKING CLASSES. CHAPTER VI. State of Working Class more favourable than for- merly—Division of Property— Saving Banks and Associations — Population in Towns and Country — The Population in the former require Poor Laws — System existing — But though the people in towns are badly off, this is rather on account of dissipated habits than want of wages — How to remedy this — Immediate necessity for im- proving the Working Classes, since the govern- ment which has passed the Aristocracy must descend to them — Police regulations promoting order amongst them — Causes of late disor- ders, &c 101 EQUALITY. CHAPTER VII. Equality to be discovered in the preceding Chapters —King of England first gentleman in his king- dom — King of the French first citizen — The effect of the law does in France what the law did by compulsion in Florence — Social advan- VI CONTENTS* Page tages of equality — Political results uncertain — Struggles between opinions and manners, be- tween local government and centralization 129 BOOK VI. CENTRALIZATION. CHAPTER VIII La Revolution a de'sosse' la France — Idea of the Convention — of Bonaparte — Circumstances of France and England in respect to centralization — Late changes in system in France — Existing 1 administration 137 CIVIL ADMINISTRATION. CHAPTER IX. Minister of Finance and system of Taxation — Minister of Justice and Judicial system — Mi- nister of Police, and the origin, effect and attri- butes of that office-— Minister of Commerce, Commercing Chambers, etc. — Minister of In- struction, system of education, etc. — Minister of the Interior, and departmental and government divisions 144 ONTENTS. VU MILITARY ADMINISTRATION. CHAPTER X Page The Army — The Legion of Honour — The National Guard 196 CENTRALIZATION. CHAPTER XL Concluding Remarks 254 CHAMBER OP DEPUTIES. CHAPTER XII. Right of Election— Mode of electing — Eligibility — Proceedings of the Chamber— Laws and proposi- tions — Constituency considered and Chamber dissected 268 SUMMARY. CHAPTER XIII. Review of past work — The amalgamation of dif- ferent effects proceeding from different causes — Modern France the consequence of former history and recent institutions — Whether equality sprung from one and coloured by the other is VU1 CONTENTS. Page compatible with free government — The effects of centralization and of a email constituency — Monarchy of the middle classes as it is, as it might be 281 POLICY OP PRESENT ADMINISTRATION. CHAPTER XIV. The existing government in France a government of resistance, and why it is so— Considered as to where it should resist, and how resist— Has re- sisted open violence, popular representation and the press — How far justifiable — Recent laws against the Press— How far wrong — Character of administration — Necessary policy of govern- ment 293 POSTSCRIPT. CHAPTER XV. Two comparisons between France and England. . . . 306 Appendix 3ia t- BOOK V- SOCIAL CONDITION. But we'll descant on general nature, This is a system, not a satire. — Prior's Poem. TOL. II. THE MONARCHY OF THE MIDDLE CLASSES SOCIAL CONDITION. CHAPTER I. The two questions still left to trial — The condition of society and the method of government among the French people. The reader who has kindly followed me thus for, will be sensible that I have very imper- fectly, but still with some industry, attempted to bring before him a variety of subjects which lead me naturally to those I am now entering upon. In the first volume, after a description of the gay capital of France, to which a voyager's B2 4 SOCIAL CONDITION. attention is first directed, I sought for the peculiar characteristics of the French people. Those characteristics, partly the effect of tem- perament, but partly likewise the effect of ac- cident and custom, induced me to travel back over such events as it was fair to presume the present generation had been affected by. The state of existing parties, (the postcript to all past history,) furnished me then of necessity with a few pages. But, from the character and history of a people arise certain influences by which present parties, sometimes sensibly, sometimes less visibly, are directed towards the future. Such influences I ventured to describe. One, however, was omitted ; for I felt anxious to trace its power through the organs by which an age expresses itself, before I treated directly of itself. Literature in its various branches, including the press — religion, and those new doctrines which are called philosophies— all furnished me with proofs that the state of pro- perty in a country extends over every thing within it. Thus I came to the state of pro- perty in France; — and of that I have just been speaking. Now, it is on the character, on the history, on the state of property in a nation — expressed Manners. 5 in various ways — that the social condition, and the method of government in that nation, depend. These aire the two questions still left to us: The condition of society — the method of go- vernment—in France ! 6 SOCIAL CONDITION. MANNERS. CHAPTER II. The sociability of the French — Charm of French society — Descriptions, traits, sayings — Facts. The first thing that strikes one in social France, is the characteristic sociability of the French people. A Frenchman cannot be alone; he lives for the movement of a crowd and the clang of conversation. You would hardly find, from Calais to Marseilles, three persons of that large class in England, but more es- pecially in Germany, who pass their lives with their own thoughts. No reputation that Frenchmen possess — no situation in which they are, can reconcile them to the loss — iiot of friendly intercourse with those whom MANNERS. 7 they, esteem and love — that we all poize : — no : what they pine at losing is — the jargon and chatter of a parcel of persons totally indifferent to them. There was Madame de Stag], who saw only, in the success of her works, the filling of her drawing-room* ! and so, even in the woods of America, u my countryman," says Lemontey " will often quit his cabin, and take a walk of five hundred leagues, just to have a chat in New Orleans ! !" The German dislikes conversation, for it distracts him from his meditations. The Eng- lishman dislikes conversation, for it distracts him from his affairs. The Frenchman both thinks and acts, in order to talk about what he has done and reflected upon. Thus, society is divided into small cliques and classes, where every one, by tacit arrange- ment, is allowed to speak of himself, and to col- lect around him a kind of social republic, each member of which takes a conventional interest in the other's affairs. Every circle has Mi great men, its very great men, and its genius, — like the Chinese, considering all * " Mon salon redevint peuplle et je retrouverai ce plaisir de causer a Paris, qui j'avoue, a toujours 4t6 pour moi le plus piquant de tous." 8 SOCIAL CONDITION. without it but the corners of the world. This renders France the only country, perhaps, where a foreigner, going from place to place, and from house to house, may form a juster estimate of persons and opinions, than a na- tive can do; for the native is less a citizen of his city than of his clique. He sees things through a glass, which can only carry to a particular distance, and which only re- presents through the medium of a particular colour. Nothing is so happy for inferiority, or so fatal to superiority. The one is flattered into the belief of talent, the other into the belief of perfection* But if the statesman and the author suffer, it is impossible to say, with- out experience, how much social intercourse gains. Society becomes, in fact, a family, invested with the charm, and yet relieved from the monotony of relationship. The poet feels a pride in the success of the orator, the orator in that of the poet. The mineralogist is enchanted with the discovery of the chemist; and the chemist rejoices in that which has been made by the mineralogist) The beauty takes an interest in the conquests made by her circle, and the chaperone, in the marriages. The stran- ger who enters a certain drawing-room, finds himself immediately amongst a number of MANNERS. » friends, and becomes, in an instant, if he pleases, the friend of all. You, who observe the world, will frequently have seen, that no one admires gaiety so much as a person of a serious turn of mind, and that in two bosom friends you may often find the pattern of joviality and ease, and the model of frigidity and formality. I believe there is much of this in the way in which an Englishman is struck by France, and the attachment which, if he reside there 5 he will be apt to feel for it. The easy and uncreaking thanner in which the world moves on all its hinges, the facility with which you may see every thing that is to be seen, and go to every place that is to be gone to ;— 'the noiseless step with which you glide into the circle accustomed to receive you 5 and to whidh you are ushered by no trumpet- soUnd of invitation; — the carelessness with itfhich you can slip from society into solitude, and from solitude into society, without any question as to where you have been, or any effort to regain your dropped acquaintance ; — the familiarity, and yet the variety, which attends your steps, as you drive from house to house, in search of one that shall occupy you for the evening ;— the happy way in which b 3 10 SOCIAL CONDITION. letters, and science, and even politics and the arts, are mingled together in happy and clas- sical confusion; — all this — so different from the well-dressed drudgery with which we toil to keep in sight of a monotonous crowd — the perpetual effort and the perpetual failure to be amused — the miserable Morning Post notoriety which glimmers upon a miserable race, as the substitute for reputation; — all this, which, concentrated, forms a kind of sun for society, and breathes upon it the lazzaroni feeling of careless, voluptuous, independent enjoyment — all this— by the worn, and stiff, and jaded Eng- lishmen — accustomed to nothing of pleasure but the wearisomeness of its chace — is wel- comed with a grateful sense of delight, such as he never before experienced, and never after- wards forgets. There is one difficulty, in a chapter of this kind, which a writer necessarily has to en- counter. Some people expect him to depicture every drawing-room he has entered, and as a re- turn for the civility he has met with, to set forth with severity the eccentricities of his hosts : — others again accuse him of frivolity, if he descends from dissertation, and deem that the dignity of an author should elevate him above all descrip- tions. A miserable and frivolous curiosity I MANNERS. 11 should be loth to indulge ; but my object is to interest all classes of good-natured persons ; while I do not deem any thing beneath a writer's attention, which amuses a reader without perverting him, and pourtrays a country without insulting it. DESCRIPTIONS. A Public Sitting of the Institute — Eloge fune'bre. Behold that old grey-headed academician in spectacles, and that young and smirking coquette in feathers ; and that dandy with a gold-headed cane ; and that veteran with the grand cross of the legion of honor ! But you are not at the Opera — nor at the Theatre Fran- $ais — nor at the Vari&ds. You are at the Institut! At a public sitting of the Institut —and sages and soldiers, and beaux and beau- ties, are all come to listen to yonder gen- tleman with a manuscript before him and two glasses of water ! Thus it is that science, as smart as fashion, talks to the world with the air of the world, about one of her de- parted professors. For in France she is not a recluse ; the finest gentlemen and ladies are on terms of visiting acquaintance with hen ■ « 12 SOCIAL CONDITION* THE CHAMBER OF PEERS. This room at one of the extremities of Parte, and in that hotel of the Luxembourg, where the Directory, entering Upon their functions with two chairs &nd a table, maintained th£ war fearlessly ag&inst Europe — is pretty and unimposing, in the form of a semicircle, and surrounded by boxes like a theatre. Every peer has his chair and his bureau, and from the quiet that reigns on all occa- sions—state trials excepted — you may guess pretty well that this assembly, though it con- tains many of the most distinguished men of the day, has no very active share in the government. The most inspiring thing about it, is the Austrian flag, which now once again waves over the president's head, enlivened, to all appearance, by its long sojourn in Mi de SemonvihVs cellar** TOE CHAMBER OF DEPUTIES. " Monsieur «... gesticule beaucoup et crit • These trophies were Supposed to have been taken from Paris at the time of the occupation ; but no : they had been carefully and secretly — very carefully and secretly preserved by the Grand ReYerendaire, who, when his patriotism is doubted,appeals to this glorious exhumation. MANNERS. 13 vivemenl de sa place ;" from this very common and descriptive phrase* our idea of a French deputy is taken, and if we drew from our imagination, we should paint, as the Chamber of Deputies, an assemblage of little gentle- men, all gesticulating very much, and shriek- ing from their places, in accompaniment to one gesticulating still more, and shrieking still louder at the tribune. But this would not be a fair portrait. The newspapers which give these descriptions are far more gesticu- latory than the orators they describe. The French chamber notwithstanding the " ici le President sonne?' — " id la chambre est en imeute" is upon the whole more orderly than ours. No gentleman ever testifies his natural propensity to bray or to crow, nor are there even such violent coughs caught there, as the air of the House of Commons is frequently — and as it seems to me, I confess, sometimes very naturally — impregnated with. The interrup- tions too, that "the orator" (to use the mag- nificent expression given the gentleman speaking in France,) meets with — are rather of a nature to animate and draw him on, than to put him out. It is not inattention, but attention which is apt to be noisy. It is only the person ac- customed to the agitations of popular assem- 14 SOCIAL CONDITION, blies who experiences interruption, and he, who if a skilful master of his art, has frequently studied how to procure a remark, a contradic- tion, or a smile, gladly seizes the occasion to bring forth as an impromptu retort, the more elaborate part of his discourse. What would our discussions appear, if the countenances of the audience were watched, and its whispers noted ? — " Here Mr. O'Con- nell frowned,"—" Here Lord Stanley started," — - " Here Sir Robert Peel looked attentive,"— " Here Lord John Russell smiled," — " move- ment of impatience to the left" — u movement of anger to the right," " the House much agi- tated," — the speaker evidently affected, cried u order three times in a sonorous voice." The difference is more in the reporting than the proceedings. The ringing of the bell to be sure is indecorous, and the president's manner too much that of a schoolmaster, who says, " hold your tongue ! be quiet sir ! don't talk ! mind your lesson ! " etc. The tribune, also, though less formal than one imagines it, still gives a theatrical and rhetorical tone to ,the discussion, which is admirably avoided in the simplicity of our own debates. MANNERS. 15 FRENCH ELOQUENCE. The style of French eloquence, indeed, in this popular assembly, is that which strikes an Eng- lish listener the most, because it is what he least expects, or is least accustomed to. With the exception of Monsieur Dupin, who, with a good deal of pedantry, mixes up the e^se and abruptness of our own way of speaking, re- minding you, now of Lord Brougham, and now of Mr. O'Connell, — with the exception of M. Dupin, and I must add M. Thiers, who carries into discussion all that is witty, brilliant, and striking in conversation — with these two exceptions, the parliamentary men of France proceed with a stately and solemn march, totally inconsistent with our ideas of the most frivol- ous, and lively, and volatile people upon earth. Certainly it would be very difficult for any one who read the two discourses translated into German, and who was acquainted solely with the characters of the two countries, to believe that Lord Brougham's light-hearted and pas- sionate effusion on Reform was delivered by the Lord Chancellor of England or that Mon- sieur Royer Collard's profound metaphysical disquisition on the peerage was the popular speech of the Chamber of Deputies. The two IS SOCIAL CONDITION. nations, on crossing the threshold of their re- presentative assemblies, seem to exchange cha- pters. Thfe life, the animation, the action of the French citizen passes into the English orator. The cold, abstruse, and deeply re- flective spirit of the English philosopher trans- migrates into the volatile person of the French statesman. And this is to be remarked— 6 veil in the first French Revolution, (except in moments of peculiar excitement, when men were striving for their lives, rather than Contending for any legislative theory,) the same cold and philosophic tone was percep- tible. The usual style of the passionate and impetuous Mirabeau himself, whose character and energy were rather displayed in short* abrupt, and timely exclamations, such as the reply to M. de Brez£, than in lengthened discourses, wore so much the appearance of the calm meditation of the closet, that he was commonly accused of repeating the lec- tures of Monsieur Dumont. How is it that the character and the elo* quence of a people are in such direct oppo- sition ? To say that the orator reads in the French chamber and extemporizes in ours, is not sufficient, since most of the French speak extempore, without any very apparent preme* MANNERS; 17 ditation. Besides if the Ex-cathedrit species of oratory were not in some degree conformable with the genius of the place, it would not occasionally be received and admired there. To account for this, we must remember, that — that love for detail, and that passion for generalities by which the two countries are respectively characterized, are singularly re- markable in their respective constitutions. In England, the progress of improvement has been slow and piecemeal ; we have added on a little here, we have cut off a little there* and we have continued mending, and sometimes though not frequently, adding, from casual motives of expediency. We have argued upon legislative questions as upon turnpike acts, but with one exception only, we have never solved the elements of society in order to recompose it. We have never taken abstract views of our form of Government, and attempted to base it on general principles. Even in mo* ments of change, we have adopted the lan- guage of Burke, and considering our consti- tution " a sacred legacy," rather asserted the justice of restoration than the necessity of improvement. It rarely happened, therefore, previous to the few last years, that in the questions 18 SOCIAL CONDITION. agitated, there was wherewithal to engross the whole mind and faculties of the states- man, or deeply to excite the attention of the assembly or the public. Doddington's Diary furnishes us with amusing instances of the manner in which an opposition went about looking for a grievance. The subjects ordinarily brought forward derived their im- portance less from themselves than from the opportunity they afforded to two parties of delivering battle. The excitement was in the strife, and not in its cause. A personal, passionate, amusing way of speaking, there- fore, naturally introduced itself, without the charm and colour of which a debate would frequently have resembled Uncle Tom's dis- pute with nephew John on the difference between a chesnut horse and a horse ches- hut. In Prance, on the contrary, when the builder in 1789 took the trowel into his hands, the first stone of the building was not laid. The principle on which it was to be deposited and consecrated was the subject of long deliber- ation. The rights of man were declared, before any attempt to deduce social happi- ness and political power from them was made. There was enough in the gigantic questions MANNERS. 19 which started every instant into discussion, to fill the mind of the politician, and to arrest the attention of those to whom he was communicating new and important truths. A philosophical treatise was wanted, rather than a spirited harangue; and it was only at the fall of the Girondists, when princi- ples were forgotten and persons were contend- ing—less indeed to obtain the honors of the state than to escape the revolutionary scaffold- that we find frequent specimens of another eloquence in those beautiful and impassioned bursts— one of which escaped from Madame Roland's unfortunate admirer, who vainly hoped and declared that his voice — " qui plus d'une fois avait port£ la terreur dans ce palais d'ou elle avait pr£cipit£ la tyrannie, la porte- rait aussi dans l'&me des sc£l£rats qui vou- laient substituer leur tyrannie & celle de la royaut£." A BALL AT THE TUILERIES. You drive into the court-yard, get out at one of the great doors. The staircase to the right is broad and straight, with two columns at the top. The suite of rooms you enter are fine. The first, white and plain; the second, sur- 20 SOCIAL CONDITION; rounded by a kind of balcony and pfennelled with the pictures of different marshals. The third, very large and handsome and leading to another that contains a velvet canopy and throne ; the fifth is the last. Before you is company— such as it is des* cribed— of a mixed kind 5 " one might fancy oneself in Heaven/' said a lady near me—" for there also, there is no distinction of persons." This is abused and sneered at ; very ignor~ antly and ridiculously as it seems to me. A gentleman or nobleman has his society; but a king is of all societies. He is the head of the nation and not the head of a clique. At all events these balls represent France* and the epoch, and are interesting on that account. A MINISTER'S RECEPTION. Here you are struck, in most cases, by the splendid hotel of the minister, and the manner, simple and plain of the man. In fact you see two parts of society, the manners of old times and the ideas of new, but ill-joined together. There is not a courtier but speaks the Ian- * The most magnificent balls were those of Charles the Tenth — the best regulated and acted, Bonaparte's. MANNERS. 91 guage of a republican, nor a republican who does not sit on a chair rich with the luxury of Louis XV, The ministers of one end of the town receive one night, those of the other end another. The same troop rushes from salon to salon — diplomats and deputies, generals and procu- rers g&i&aux, But the person for whom these soirees are really wanted is — the provincial gentleman, who would honestly imagine that no govern^ ment existed, if he could not see it x and talk to it, and court it, The bow and the smile he receives is hailed as ' la loi vivante/ and he enters the court yard of the president of the council with the S£me sacred feeling of security, with which he lays his hand upon the code of th$ constitution. A MEMBER OF THE OPPOSITION. Monsieur lives an troisfeme in a small apartment, the salon of which opens, as is fre- quent in Prance, to the chambre little farces. Gymnase. J to be as much as the twelve other theatres of Paris, including the Th&tre Franjais, the Op£ra Comique, and the Italian Opera put together. Turn we to the Institut ! who are the candi- dates ? M. Chateauneuff,* an historian. M. de Salvandy, a very remarkable periodical writer.f And M. Scribe, the well known and happy farce writer — on this occasion as on others successful. In the exposition at the same time, I re- mark — nor is this unuseful in tracing the ha- bits of a population-^ 15,000 clocks, average price 250 francs 40,000 pairs of flambeaux . 20 „ 3,000 do candalabres . . 200 „ * Author of " the History of the great Captains." f The author of " Alonzo/' which also had four editions, and of " the History of Poland." 40 SOCIAL CONDITION. 60,000 glass cylinders . . 10 firs. Lustres and lamps to tBe value of 1,000,000 Small articles of bronze . . 1,800,000 More costly do ... 2,000,000 In all this, there is a strange mixture of different and opposing qualities, such as are to be found in a nation not moulded in a day, but which on the contrary, has passed through a variety of changes, and presents in its molten mass, a variegated and heterogenous composition. We see old tastes by the side of new, and new tastes, which almost seem incompatible with the old ! The everlasting appetite for scandal and science ! The love for the melodrame and the joke ! The struggle between history, metaphy- sics, and farce 1 The luxury of tastes, and the mediocrity of fortunes. YOUNG FRANCE. CHAPTER III. Modem Cataline — Journalist — Dramatist — Suicide — Son of a tallow-chandler — Monsieur Marmote Fathay — Baron de Royalist — Doctrinaire — Artist — Young Doctors, and Philosophers of the hour. Let us see ! There has been a conspiracy. Who are at the bar? a cabinet maker, a certain number of shoemakers, a locksmith, a painter, a button-maker, an engraver, a shopkeeper, a doctor, and a lady, whose more peaceful occupation is to sit at the counter of a caf<£. All eyes are of course turned upon the lady and the chief of this terrible band, whose plots have disquieted the dreams of the good citizen King, and exercised the arms of his valorous national guard. Come forth most renowned Cataline ! " Who 42 SOCIAL CONDITION. are you ?" " I am the son of a prol&aire, (peasant). I belong to that class which the rich repudiate and misunderstand. My tem- per is irritable and nervous ;— chafing at little obstacles— -calm before a battalion with fixed bayonets. I do not know so much as I should wish to know, for education is not gratuitous in France. " You ask me my life. — A boy, enlisting as volunteer, I fought under Napoleon's eagles. The restoration came, I returned to my fa- ther's cottage, and shared the rude labours of the old man. From that cottage, the Revolution of July called me. The charter was violated. I wished for a republic. Wounded on the 28th, I leaped into the Louvre on the 29th. — In the Tuileries, a sabre-cut maimed this hand. In the rue de Rohan, a ball entered this shoulder. As I behaved in July, so I behaved in June." President. " You are accused at that time of homicide with premeditation." Republican. " I know it." President. " You ran about the streets, shouting ' To arms !' " Republican. " Yes." President. " Did you distribute car- touches ?" YOUNG FRANCE. 43 Republican. " When they were wanted." President. " Did you not fire upon a batta- lion of the line ?" Republican. " I traversed with ten com- rades the whole of the first line. Eight fell, and I retired by the street." Such are the answers of a slight young man, with hollow cheeks, penetrating eyes, and black moustaches. He had fought for a republic. What did V he want ? A government without appointments, without taxes. Things, he thought, would go well, if left to themselves.* Here is one of your " Young France," v-5 a type of that reckless and imaginative youth, ever ready to rush on the cannon. Born of poor parents, with but little educa- <£ tion, of daring character, impracticable ideas and good intentions ; — consumed by unem- ployed energies and dissatisfied ambition. Requiring action from his temperament; — the very soul of a state at war; — a canker into its repose in peace. Let us turn to another class and another type! " It happened to me," says M. Janin, " as it has happened to all men of letters, present • See National, 30th October, 1832. 44 SOCIAL CONDITION. and past — I entered a literary career with- out knowing it, and without wishing it* I was a writer in ignorance that I did write ;— by necessity, as every body is." (€ Oh! I remember my mother, her cot- tage by the Rhdne side, and the diligence which carried me to Paris, on a specula- tion ; for my father, and my uncles, and all my family thought me a real prodigy, and so did the ladies of my village, to whom I wrote verses, and who said that all I wanted was, — a little education. " Thus was I sent to the u famow" college —(for my friends were determined that every chance should beinmyfavour) — to the "famous" college — which had gained the prize that year, and which I and my friends considered it a matter of course that I should gain the year following. " I passed three years at that college, did not gain the prize, and learned little for my pains ; — that is to say, I learned neither mathematics, nor languages, nor history, nor indeed any kind of literary lore ; but I learned something, I confess, of the world's lore; — for I learned how one makes friends, and how one keeps them, and also with how little science, and how little merit, and how little industry one may get on in life. YOUNG FRANCE. 45 " This, after all, was no despicable kind of knowledge. My comrades had friends, and prospects dependant on friends. What alas! has become of most of them?* " I had no expectations, no friends, be- yond the walls of that memory-haunted place— no friends, save an old grand-aunt, eighty years old, who, hobbling along, the dear old creature ! by the aid of her hooked stick, came, at last, to take me to her garret, au guatrfeme, to which she had brought all our old country furniture, — the chairs, the table, and the little sofa and bed, the very same I knew so well ; — and there we lived four happy years of my life : — Oh ! what four happy years those were ! How many passions given to the wind ! how much use- less poesy ! what sighs wafted to the clouds ! * " Some bandied on the sea, slain in battle; some fell in Greece, taken by surprise ; many have fallen in the Bois de Boulogne, by a sword's stab in a corner be- hind a tree ; others again have lost their memory; — and then, what a host have perished by different modes of suicide — the vaudeville, the song, the epic, the hazard table, and love. " I saw them on the threshold of our college, I saw them quit it so beautiful ! so laughing ! so gay ! so full of youthful folly, " Let us pray for them I" 46 SOCIAL CONDITION. what labour too, to gain my little livelihood as I could !* " Those years passed by me like a day. I desired nothing, I feared nothing, I envied nothing. Living with my friends, having now and then with them a joyous and savoury re- past, happy in the happiness of my old aunt, and sticking up against the wall, when I could buy them, great red and blue daubs, which I thought very beautiful, and which were called Greeks then, as they would be called Poles now. " That was life ! ! and what heroines ! with what names! Alexandrina, Rose, Lili, — Ger- man, Spanish, French, — great lady, or little grisette — all suited us. " Thus I and those like me lived from day to day, trusting to chance ; with little effort, no variety, and but slight privations. * " In the first place, I gave lessons, at so much a lesson; I taught a thousand things I knew little about; for instance, Latin, Greek, History, Geography, and heaven knows what besides ; I'd have taught Hebrew or Syriac, if I had been asked ; any thing but mathematics. Mathematics one cannot teach without knowing them, and this is why I have ever had a great respect for mathematics. I made my scholars understand little from my lessons ; but they taught somebody — they taught myself/' YOUNG FRANCE. 47 (6 But I meant to speak of my entry into literature, how was it ? Many volumes could be written on a literary life in France ! I mean merely to write of my own. It is short, but it will give a pretty good idea of the literary life of my epoch. " One evening, I remember it well, I was walking backwards and forwards before that theatre, which I then thought the perfec- tion of the dramatic art, " l'Op£ra Comique," revolving in my mind, with no small degree of agitation, whether I would or would not give the 44 sous, that the Op£ra Comique at that time exacted at its portal. " At this critical moment, whom should I see but a young man, whose acquaintance I had made in the Luxembourg, by my dog making the acquaintance of his dog, and who had then under his arm, the arm of an elegant and beautiful lady. What were my feelings when he proposed to me a place in his box, a place by the side of that elegant and beautiful lady, who was no less, — my heart thrilled, than a singer at the opera ! " My friend was a journalist — his happiness decided my profession : I became a journalist too ; and a journalist I shall die, because I < r 48 SOCIAL CONDITION. was walking one beautiful summer's evening before the door of the Op^ra Comique*. " It is but the first step that makes us fear- in a balloon, on a railroad, as the editor of a paper ; — there you are seated comfortably and calm ; and there is the crowd below you, trem- bling and affrighted — voila tout ! " Our age is the age of free thought, of inde- pendence—our age is the age of the press — the golden age for the periodical writer. Happy then, and proud am I to belong to that press, to be a periodical writer. * Not that I complain, in saying this, of a literary life. I am far from being so ungrateful towards the noblest career in this age of liberty. A literary life in France has, at all times, been a life apart and amidst the grandeurs of the world ; it is better than that now ; it is a life apart amidst the powers of the world. The man of letters is what the Grand Seigneur was. They have both taken their place in our institutions — they are both citizens, but citizens out of the crowd, in spite of the crowd — citizens apart — citizen aristocrats, to say the truth, by passion, by sentiment, by thought, and by reputation. The man of letters of to-day, has, with his pen, an existence assured and gained quite as much as has the advocate, or the notary. The constitution could not exist without debates and discussions of all kinds, for and against! YOUNG FRANCE. 49 a When I commenced, what existed in France had an immense appearance. It appeared a universe to a gay journalist of twenty. Well, it is all gone — all — vanished — gone, heaven knows where — gone, and devoured by the journal, that power so frail and dwarfish when I commenced my career, exposed as it was to the arbitrary will of a censor, who would cut you off a thought as an executioner does a head. fC By what ruins am I surrounded ! What a gulph between the time when I first mended my pen to write, and now when I take it up to trace the recollection of things gone by ! The journal to-day is more than a want, it is a duty. It is a necessity of every morning, of every evening, of every hour. The journal is the reproduction of a whole life, public, literary, philosophic, taking all the shades of society, from the first to the last. This power guides at will, and violently, every one and every thing : power inexorable, devouring itself when it has nought else to feed upon ! Do you know how many writers, active, passionate, and devoted, it requires to suffice for all its exigencies, and all its wants, and all its life I Do you know into what a gulph without bottom, are thrown at every instant such a multitude of passions, of ideas, of paradoxes, of follies, of every thing which is engendered by the heart, soul, passion, vices, and virtues of mankind ?" VOL. II, D 50 SOCIAL CONDITION. " At first, I was a writer unknown, a writer of the opposition by epigram — harrassing and attacking the ministers, of whom I knew little, and who knew less of me. Later, I rose from the little newspaper to the great newspaper — from the popular journal to the aristocratic journal, always the same man, in spite of what people have thought proper to say, always of the opposition, now here and now there. " They who reproach me with having passed from one paper to another, cannot reproach me with having changed from one opinion to another ; always attacking whatever I thought strong; the enemy of the powerful; never guided in my hostilities by my interest, and ever quitting that side which became the vic- torious one. This is why 1 left my little liberal journal of the opposition when it triumphed under M. Martignac; this is why I left my great royalist journal of opposition the day that M. Polignac came into power. " Opposition has been my life as to others is the support of power."* Such is the most popular journalist's des- cription of his life and opinions. * This writer seems to consider that to be always in the opposition is always to be consistent, and that it matters not what you oppose. YOUNG FRANCE. 51 And now we will pass from the journalist to the dramatist— to the criticised from the critic; — and here again we find a gentleman his own biographer. " I was not twenty years old when my mother one morning entered my room, came to my bedside, kissed me weeping and said — u c Mon ami, je viens de vendre tout ce que nous avions pour payer nos dettes*/ " ' Eh bien ! ma mere }'f " ( Eh bien ! my poor child, our debts paid, there remains to us 253 francs — * « < A year?' My mother smiled bitterly — " < In all r said I. « < In all/ " ' Well, mymother, I will take the fifty-three francs and start this evening for Paris/ " ' And what will you do there, mon pauvre ami?* " Til see the friends of my father, the Due de Bellune, Slbastiani, Jourdan/ " ' Do as you will/ said my mother, kissing me once more — 'perhaps it's the inspiration of God* — and she went out. • ** My child, I have just sold everything we had to pay our debts." t " Well, my mother." D2 52 SOCIAL CONDITION. " My first visit was to Marshal Jourdan ; he had some vague recollection of my father, it is true ; but had never heard that he had a son. I left him in ten minutes, very imperfectly con- vinced of my existence. " I next went to General S£bastiani. " The General was in his i cabinet de travail f four or five secretaries were writing under his dictation, each of whom had upon his bureau, besides his pen, his paper, and his pen-knife, a gold snuff-box, which he presented to the gene- ral whenever he stopped before him in those perambulations which, like the malade imagi- naire, he conducted across his chamber now in one direction, now in the other. t( My visit was short, whatever might be my consideration for the general, I had no wish to become his snuff-box bearer. " The day after, I presented myself at General Foy's— " I was introduced into his library ; he was then occupied with his History of the Penin.- sular War. At the moment I entered, he was writing on one of those tables which lift up and down at pleasure; scattered around him were speeches, maps, and half open volumes. "Turning round with his accustomed viva- city, on hearing the door of his sanctuary open, , YOUNG FRANCE. 53 he fixed his penetrating eyes on me — I trem- bled. " f Monsieur ******) > said he, ' are you son of the General who commanded the army of the Alps ? " ' Yes, general/ " ' C'etait un brave. What can we make of you?' " ' Any thing you like, General/ The nfext day I returned to the hotel of the General, he was my sole hope. " c Eh bien/ said he, your business is settled. You are supernumerary clerk with an appoint- ment of 1,200 francs per annum*, in the office of the Duke of Orleans ?' This is the opening scene in the theatrical C, life of one of the first writers of the French stage.f But there are other pretenders less fortunate. "A few days ago/' says a late journal, " a body was dragged from the Seine, near Pont St. Ni- cholas, the dead body of a young man aged twenty years. It was the body of a young poet, by name — Jules Mercier. In his pocket was found an elegy entitled, { A Emma, 9 and bearing the date of April last. * About £50. f M. Alexandre Dumas. 54 SOCIAL CONDITION. " At the bottom of the elegy was the follow- ing note — c This piece ought to have been part of a collection that my editor should publish immediately/ " It is now about a month," continues the journal, " since a young man presented himself at our bureau, and asked to speak to the editor of our paper. The editor was absent, and one of our contributors received him. " He was a young man, about twenty years old, with a countenance pale, inter- esting, and betraying suffering. This young man was — Jules Mercier. " He offered with a timid air a little roll of paper; the roll contained some verses, entitled, ' To Lelia !' These verses we could not receive, having already, a few days before, inserted some on the same subject, and bearing the same title. A week after, the young man returned, bring- ing another set of verses, which he begged us to admit ; though the space they would occupy was considerable. " This piece was called " The Gulph." We promised that it should be examined. " The young poet seemed well satisfied, and promised to come the next day and receive our observations. YOUNG FRANCE. 55 " We expected him the next day — he did not come. We are never to see him more." But what dark and cadaverous gentleman is yonder, with a slight moustache, pointed beard and tuft, and long hair, stuck up in the middle and combed down on each side, so as to hang upon his shoulders ? That gothic chevalier is the son of a tal- low chandler, corner of rue St. Denis. He does not think, that the reign of chivalry is gone. " No ! but that he, the son of the tallow chandler, has become the chevalier. Thus, here and there the prestige of an aris- tocracy remains ; but then every one thinks he may be an aristocrat. Just listen ! — Monsieur Marmote Fathay, the respect- able son of a respectable bookseller, pub- lishes some poems. ' Fathay/ pronounced i Fatty ' is a most unpoetical name, and the poems have little success. What happens ? N ^ s 56 SOCIAL CONDITION. Behold, in a new edition, ' Fathay,' odious appellation ! has disappeared, 6 de' is before the * Marmote/ and ' Alphonse* before the ' de,' and read instead of ' Poems by Marmote Fathay,' — 6 Poems by Alphonse de Marmote/ Al- phonse de Marmote ! Who would dream that a name so aristocratic and so sonorous should have been formuled, (I use the French ex- pression) from plain Marmote Fathay, the plebeian signature of a good-natured young bookseller. > But so it is, and half the world who doubt in Christianity believe firmly in the nominal identity of — " Alphonse de Marmote !" Nor is this a singular transmogrification ! I was sitting the other day at the caf8 de Paris ; a tilbury with red wheels drove up to it, and a gentleman, with a Brobdignagian beard and whiskers to match, descended there- from. His hat, of singular shape, was nicely balanced on one side of his head, displaying an immense chevelure on the other. His YOUNG FRANCE. ij r ~ y coat built about the skirts in the stern fashion of a Dutch frigate, was ' bleu de cieV* His waistcoat, as variegatedly dazzling as a well V shaken kaleidescope, opened in the middle to display a green satin neckcloth, be-pinned- and be-chained from the top to the bottom - like a lady's stomacher. This individual was nearly six feet high, and having taken a care- ful survey of his undusted boots, entered the caf£, humming a tune, and pulling about his curls, and brandishing his cane, and making as much as possible of all that ap- pertained to his large and magnificently ap- parelled person,— ' Eh ! bonjour 9 Baron/ 9 said a creature, to all seeming of the same genius, who was standing at the entrance of the small room to the right picking his teeth. " Do you know who that is ?" said the friend I was dining with. We were sitting at one of that line of tables to the left, and nearly opposite the door, which the Baron had entered. " Not I indeed," said I. Well, I'll tell you more about him than * Sky blue. D3 a 58 SOCIAL CONDITION. he thinks, I dare say, that any body here is acquainted with. "A lady, — do not ask about her virtue! first pointed out to me yonder hero. It was at the Varies, — we were in a little dark box, and could not be seen ; he was, as you may suppose, in the most conspicuous part of the theatre. €t ' Voilk un homme/ cried the lady, s qui me doit beaucoup, — beaucoup, — beaucoup/* ts Now, as I suspected my friend of being rather more addicted to borrowing than to lending, I uttered with great naivet^ a rather surprized ' Comment ? 9 \ " ' Oui, ouif said she. " That young gentleman was the son of a French washerwoman, who said his father was an English general. For many years the old man had the malice to doubt this very creditable fact, and for many years, incon- sequence, mon ami, que voila !% ran about in very ragged dishabille, carrying, not unfirequently, a * See there, a man who owes me a great deal — a great deal, f How is that ? X My friend, whom you all see. YOUNG FRANCE. 59 well-filled basket, now of clean and now of dirty clothes from and to the maternal garret. u The aptitude, however, which a death- bed creates, to believe in miracles, convinced the old gentleman, when he was about to die, that he might have, could have, and must have begotten the unfortu nate and long forgotten Albert. " A will, in consequence was made, a fortune bequeathed, a soul, perhaps, saved, and a dirty lad who went to bed with five sous in his pocket, awoke the heir to 100,000fr. per annum, inscribed sur le grand livre. " Albert was then 19 years old. His mother washed for me ! " ' Take my advice/ said I to the mo- ther, i return this very night all your cus- tomers' dirty linen, and start you by to- morrow's diligence, off to your province. As to your son, I will make a gentleman of him/ The old lady listened to my counsels, which I actually advanced 500 francs in support of; and Monsieur Albert was told that two little rooms in my apartment were at his service. Well, I kept him quiet, and had him taught to read and write, — he never made a very good scholar;— and to ride and 60 SOCIAL CONDITION. to walk ; — Oh ! mon Dieu, what pains I had with his elbows; and to put on his hat, and to swing his stick, — you see he is always swinging his stick! and then what drives we had in the Bois de Boulogne before I could make him sit decently in a cabriolet, or hold the reins like a christian. " At last Albert only wanted four months of coming of age. ' Go and travel,' I said : f that is, go to my aunt in the country, (I have got an old aunt in Auvergne,) and wait there till I write to you/ " Well, I took a large apartment for him on the Boulevards, and had it magnificently fur- nished, with a little boudoir engothique. I had then all his table-cloths, and all his knives and forks, and all his porcelain, and all his pocket handkerchiefs, handsomely worked with a coronet, and the day before his arrival came a large packet from the country — to the Baron # * # • " Would you believe it ? for the first week of his arrival I sent him, — in different handwriting too— some by the twopenny post, some by the general post, some by a page, some by a groom, and some by a commissionaire — five hundred and sixty-two letters, all properly addressed, 'To the Baron***/ YOUNG FRANCE. 61 " From that week he was c Baron* to all the world. His servants said, ' Monsieur le Baron/ I said ( Monsieur le Baron/ his new acquaintances said 6 Monsieur le Baron/ and he himself signed himself ' Le Baron de* with all the natural dignity of a hero whose history was incorporated with the crusades. " The young gentleman who walked into the caf£ just now," continued my friend, "is the identical Baron, who owes so much to the good lady to whom I owe his history/' This is a fact ! But some titles are more ancient, and ac- companied with greater worth. The young M. de — , who was lately com- promised in the affair of La Vendue, is a liberal royalist of the school of Chateaubriand and Martignac, and one of the most distinguished among the young nobility. Never seen at the Tuileries during the pros- perity of Charles X, immediately on arriving from Algiers, he hurried to Lulworth, and dis- daining, as he says, to control a sentiment which he thinks chivalrous and noble, by pru- dential calculations, he has ever since been ready for any enterprise, however desperate, which the misguided family in exile have felt inclined to sanction. He will neither permit 62 SOCIAL CONDITION. himself nor any one else to reason with him on this subject. l If the mob had been reason- able/ he says, l they would never have ventured with an' army of hackney coaches to overthrow the ancient dynasty at Ramboui^et. , One observes in this young man, more strongly than in any instance I ever saw, how much depends on circumstances : the benumbing, soporific effects of prosperity, and the advan- tages which, in the development of intel- lect and character, adversity has the merit to bestow. Five years ago was a French dandy —occupied with little but his horses, his til- bury ; — his neckcloths, his waistcoats, and pan- taloons. Hurrying from amusement to amuse- ment ; — the only thought that ever came across him at times — was that he was bored. With an easy income, and one of the most illustrious names in France, (at that time a fortune), hand- some, graceful, and just^married to a wife in every way accomplished, he had all that could be desired; and yet, despite of this, there is no comparison in the measure of respect which he received from those who knew him then, and that which is paid him by those who know him now. The life he leads and has led since the YOUNG FRANCE. 63 revolution of 1830— is curious as a specimen of that pursued by many of his class. For the last two years he has spent eight months of each year in a lonely cMteau in the country, with his thoughts and books. He has dis- missed even the appearances of pleasure- horses, equipage, etc. In Paris he goes no where but to the club : at home, he never re- ceives visitors, and is only to be found by one or two friends, whom he invites to a dinner which is nowise changed on their account. If he has any society, it is that of artists and men of letters, who, as he feels by a cer- tain instinct, throw a dignity and poesy about his position. Such, too, is in general the society of that set of royalists to which he belongs— partly because the head of their party (M. de Chateaubriand) inspires a respect for his distinction — and partly because there is in their own feelings, and politics, and hazardous situation, a something noble, imaginative, and dangerous, which seeks for thoughts and sym- pathies higher than those of the ordinary kind. But hostile as are the ardent and high spi- rited youth of the .Faubourg St. Germain to the Prince chosen by the nation— there are few amongst them who attach any divine right to the principle of hereditary succession. They c 64 SOCIAL CONDITION. consider it simply as a link between the past and the present; as a guarantee of stability and durability, as a decoration and illustration to the throne, but not as the sole foundation on which a monarchy can be founded. As the party of Henry V has some few rational adherents amongst the young nobility, so the party of Louis-Philippe enlists from the higher ' bourgeoisie/ and the gentry, a cer- tain number of young men of serious habits and very extensive information. These, as a class, however, belong rather to the Young France of the old regime which they opposed, than to the Young France of the new regime, which has embraced them. They were the young men who wrote in the Globe, and frequented the salon of the Due de Broglie ; a cold, enlightened, reasonable, pale-faced set of young men, who dream of liberty in a quaker's uniform, and have a code of politics as prim as their persons. Born to be the partizans of the juste-milieu, they support conscientiously and with intelli- gence, the government of Louis-Philippe, and only commit the error of mis-judging the cha- racter and the temperament of the French.- They will always be respected ; they can never be beloved; and in a career which will be YOUNG FRANCE. U honorable, they must resign the hope of being popular, among their fellow countrymen. I know, many of my friends in France ! that you blame the juste-milieu ; you detest, you abhor the juste-milieu ; there is much to say against it, I accord to you. But good heavens ! to what is not one driven as an anchor from the restless nonsense which I have heard pro- mulgated with the frantic air of philosophy, by some of those who are for launching the state vessel, rudderless, and compassless — and bal- lastless — on the immense ocean that lies im- measurable before you ? Monsieur D * * *, a young artist, a hero of July, and decorated with the blue ribbon, called on me the other morning. He hates the government — why ? — " It is not noble and pure." He wishes for another — but what? " That is not his business ; all he under- takes is, to destroy." Then a constituent as- sembly is to be called together ; a constituent { assembly nominated by the poorer classes, because the poorer classes are the most intelli- gent. " Well," said I, " what would you first abo- lish?" " Oh ! les charges surtout ! Les honngtes 66 SOCIAL CONDITION. hommes feront les affaires pour rien. II ne faut point de droits, ni , d'impdts, ni de police. Le peuple est conservateur ; on Ta vu a Paris et a Lyon. C'est inutile de prendre des precau- tions contre le bon peuple/'* "And what is your especial grievance now ?" "Some people have not enough, and some have a superfluity — and this must be remedied." " How ?» " Oh ! that is not my affair. Les peres de famille arrangeront tout cela. D'ailleurs l'£du- cation doit £tre gratuite/'t " But you say the people are already so well educated ! Besides, if you educate the people, somebody will pay; if they (the people) do not,— the* state must ; but if the state pays, there must be taxes, and then, where's your theory ?" "C'est £gal! — Je r£ve de belles choses; nous les verrons. II faut chasser cette canaille ; * Appointments above every thing. Honest men will manage the public affairs for nothing. We most have neither excise, nor taxes, nor police. The people is con- servative ; we saw this at Paris and Lyons. It is useless to take precautions against the people. f The fathers of families will arrange all that. Besides, education should be gratuitous. r 39 YOUNG FRANCE. 67 tous les gens d'&iergie pensent comme moi. II y a des associations !"* " What is the aim of your associations ?' "To associate — to know our number. 1 "But have you no especial idea attached to these societies ?" " Yes ; que le monde soit plus heureux."f And many young men in France are like M. D * * *, and talk of great things and sublime ^^ things— vast pyramidal speculations— enormous at the base, imperceptible at the conclusion. There they go, promising you a new future, a" new political deluge, and a new political creation ; the Noahs of their time, and carry- ing about the ark of salvation from the Boulevards to the Palais Royal, from the Vau- devilles to the Varies — sauntering at a cafS— ogling a grisette— flourishing a switch— hum- ming an opera, telling you are a brute if you do not admire the extravagances of Victor Hugo, or a rogue if you do not confess that M. should be first Consul of the Re- public. Reader, if I wished to give you an idea of this section of " Young France," I could do so * Never mind. I dream beautiful things. We shall see them yet. But, first, let us rout these rascals. Every body with energy thinks as I do. There are associations. t That the world may be more happy. 68 SOCIAL CONDITION. exactly. Look at Mile. D£jazet,* in the uniform of Napoleon ! ! ! There is, however, a darker and more serious group in this otherwise unimposing picture. I have spoken of the brave and ignorant republican, of the clever and careless man of letters, of the adventurous and suc- \ cessful poet, of the sensitive and enthusi- astic suicide, of the vain and would-be-feshion- 7 able sonneteer, of the expensive and nameless noble, of the chivalric and rational royalist, i of the calm and sensible ministerialist, of the wild and vague, and imaginative and well- meaning artist ; every character I have sketched is a mirror of many more. But lo ! with arms folded and lips compressed, a more thick- browed, and deep-thinking youth! Here is the band which from a good educa- tion and an ardent temperament, build up— with much learning and labour — impossible theories. Strange to say, even in that science which has taught us to look with intelligence into the Heaven above our heads, which has led us from consequence to consequence through the mys- terious system of a thousand worlds. — Even in this exact and sublime science, there is, (on account, perchance, of its very sublimity, and • A very clever, impudent-looking little actress. s YOUNG FRANCE. 69 exactitude,) but a deceitful guide, when we would thread the labyrinth of human philo- sophy, or navigate the storms of political life. Strange to say, much that we blame as vague speculation, has been derived from logical and dogmatical conclusion. Much that we have considered as the wild ravings of a distempered imagination, has resulted from the desire to introduce a precise and mathema- tical absolutism into thought and action. Hence, of late years, in France, the singular, and to many, unaccountable spectacle, of the greatest theorists among men least addicted to visionary pursuits. Go into yonder salon, where you meet the young doctors and philosophers of the hour ! This legist carries the principle of equality so far, that he believes there is no differ- ence in intellect; that philosopher imagines the superiority of one individual over another so divine, that he would have set no limits to Bonaparte's despotism. Here is the christian geologist, who has just composed a new Gene- sis ! There is the practical experimentalist, who has just performed a new miracle ! The philosopher proves we shall have tails,* and ♦ See " New Philosophies "<'*f : "* t "W I. i j .:. a •. 70 SOCIAL CONDITION. the moralist counsels prostitution. There is a mixture of sense and nonsense, of virtue and vice, of learning and want of sound wis- dom about this race which sometimes asto- nishes a foreigner, and sometimes amuses. True ; they are free from what the man of books, or the man of solitude would call ( ignorance/ They have learned most that study teaches, or meditation inspires. But there is a knowledge of human kind and of human affairs, which the practical mingling with the one in its variety of climes and races, and the practical handling of the other, except in rare and almost miraculous instances, can alone give. It is this knowledge which sets us on the right side of that almost invisible line which separates the possible from the im- possible ; the ingenious theory from the pro- found reality; the lofty speculation on what will never happen, from the sober and de- rivative divination of what is about to come to pass. It is this knowledge which ele- vates the sophist into the philosopher; the speculator into the statesman : it is this knowledge which alone decyphers the myste- rious scroll on which Providence writes — THE NECESSITY OF THINGS. YOUNG FRANCE. 71 When Pythagoras and Plato conceived the idea of preaching a philosophy to their coun- trymen, they considered it a necessary part of their undertaking to visit Egypt and the Indies, and to acquaint themselves with the countries, and with the history, and the civilization of the countries which surrounded them. Not so the more positive and impatient founders of systems in Paris ! They live in a " set," they talk in a " set," they think in a a set," and their thoughts are thus frequently most bounded, when they con- ceive they are most enlarged, and their lan- guage next to unintelligible, when they deem that they have arrived at the ne plus ultra of perspicuous expression. They believe those ideas to be most general, which they hear most frequently repeated, and those terms to be most explicit, which they have invented as mere pass-words among themselves. As for other countries, they never take them into account. The wants of the present epoch, and the philosophy of the present epoch — always sup- posing that these are to affect humanity in general— are never considered but as the wants of the present epoch, and the philosophy of the present epoch in France. 72 SOCIAL CONDITION. Christianity is to disappear, and a system of universal association to take place, because there are in France symptoms unfavourable to the one, and favourable to the other. The mind of England, the mind of America, the mind of Germany, at least as influential over the world's doctrines, as that of our enlight- ened, but somewhat variable neighbours, are considered as natural effervescences from the solid spirit of a French imagination. I do not say this in despite, nor am I in- clined to throw even a momentary ridicule upon the powerful workings of generous and ingenu- ous persons, whom I believe to be actuated by the noblest desire, viz. that of elevating and improving mankind. But the mischief of jejune creeds, is their ever accompanying intolerance; and when I see young men, who have thought much, but who have beheld little, altogether ignorant of other lands, having but a partial knowledge of their own, necessarily unacquainted with the practice of Government, not easily delivered of even their own visions of philosophy, set up unhesitatingly some newly invented standard for every man's honesty and intelligence, and deem without scruple that all who do not sub- mit to it are rogues or fools, or despots, or YOUNG FRANCE. 73 aristocrats, I own that I do feel a strong desire to speak, not against the preaching of great changes in society and religion, if the necessity for these changes should force themselves after long and deep meditation upon our sober con- sciences ; but against the adopting hastily, and preaching inteinperately, such strange and startling doctrines as those which it is impos- sible for the philosophers of the medical and Polytechnic school to have imbibed, except on very superficial reasonings, and very brief ob- servation. " Stand upon the ancient roads," says Bacon, " and see which is the good and the right one, and walk on in that." Antiquity deserveth so much reverence as that we should rest thereupon, and first disco- ver which is the best way; Mew— when the dis- covery is well made, we may take progression. But if a man will begin with certainties, he will end with doubts, whereas, if he be content to begin with doubts, he will end with cer- tainties. VOL. II. £ SOCIAL STATE. CHAPTER IV. Describe different classes of French society — The middle class is different in France from the middle class elsewhere, and more embued with the spirit of other classes—Still the character of the shop-keepers on the whole prevails— Chamber, Jury, National Guard, etc. in the hands of this class. I will now divide what remains for me to say on this subject into a view pf the different classes of French society. THE MIDDLE CLASS. The middle class in France holds a particular position, and is different from any body that we should call by the same name in any other country. \ SOCIAL STATE. 75 In England the middle class is entirely com- posed of persons engaged in trade, the lower branches of commerce, farmers, attorneys, and persons retired from business, and living on the small capital they may have acquired in it. Their respectability is great, their views and feel- ings, sensible ajnd moderate, but their influence has been much exaggerated; it is crushed between the great fortunes of the aristocracy on the one hand, and the extensive elective franchise of the working classes on the other. In America there is no especial middle class ; all the nation is composed of our middle class. This class were its original founders, and have been its constant settlers. In France there is a middle class, not like ~"i the nation in America, not like the middle class f in this country, but a middle class composed I of the ruins of an old, and the elements of a new, state of society. We see there, as in i those strata of the earth, where we find the j mingled fossils of animals, and of fish, and of ' herbs, some antediluvian, the traces of a mighty shock which threw into unexpected companion- ship things, once heterogeneous, and buried the witnesses of a former world in the womb of the present one. Not only did the revolution ofl 89 break down the fortunes which separate » 2 76 MIDDLE CLASS. ranks — it broke down the habits. During that terrible reign, in which a noble name was a title of proscription, the lower classes lost all defer- ence for the upper, and the upper all contempt for the lower. The feelings which, on either side, had kept the two portions of society apart, disappeared; and as the victories of the consulate succeeded, elevating the peasant to the command of pro- vinces and armies, and carrying a successful soldier of fortune to the topmost pinnacle of power, even that halo which sheds itself upon the aristocratic mansion and the princely palace, descended upon the cottage. High place and great consideration obtained by a quality — which, for the very reason, perhaps, that it is the most common among men, is the most commonly respected, — high place and great consideration — the consequence of successful valor — created a nobility without ancestors, and which had frequently its relations among the humbler orders of the people. Here the daughter of an illustrious race, brought up by a mother almost starving, with no fortune and little education, was too happy to espouse the son of a grocer, whose bill it would have been difficult to pay. Here, too, the son of a grocer, risen into a distin- SOCIAL STATE. 77 guished general, emulated the equipage, lived in the society, and perhaps married into one of I the families of that courtly set, who enchanted the modern master with the ancient recollec- tions of Versailles. All men had been every thing, and connected with every body during those few eventful years, which only form half the life of this generation, but which will be the history of a republic and an empire — to posterity. The middle class in France then — |^ I mean that class, who have a moderate or what \ we should call a small fortune, and move in an \ ordinary sphere of life— cannot be said to have \ altogether one particular set of habits, or one particular set of recollections, or one particular^/ set of desires. The seigneur has fatten into this class, the "» servant has risen into it, and these changes have taken place, and this amalgamation has been brought about, not by the steady hand of Time, that great but slow revolutionist, but by the running blow of Fortune, which, altering the position of men, still leaves their manners and their memories. Thus, though the middle class in France r may to a certain degree represent what may be ^ called the shopkeepers, still it does not wholly represent them 3— while the shopkeepers them- 78 MIDDLE CLASS. selves are not, if I may thus express myself, so completely shopkeepers as in other countries. They are more connected and more in the habit of mixing with other persons and other classes. They have less of frugality and cau- tion, and more of elegance and luxury in their tastes and pursuits. They live in intimate com- panionship with the artist, the litterateur, the soldier; and feel no sort of barrier, either between themselves and those who have not yet risen into their sphere, or between themselves and those whose fortunes are superior to theirs. * It is because they are not so much a body apart in France as in other countries, that they better fill the station that is assigned to them in the French nation. They have not, to the same extent, those feelings of ' caste* which belong to the middling order in governments where ranks have been less mingled, and history is less vio- lent and confused. They do not feel so alien to the lower classes, nor so distinct from the higher. Still, the man who has sunk from opulence to mediocrity, or the man who is rising from indigence to wealth, is equally partial to order and tranquillity ; and here the middle class in France, though composed so differently from SOCIAL STATE. 70 that elsewhere, is moved by the same impulse. Containing the soldier, it is averse to war, and springing in part from the lower ranks of the people, it is averse to revolution. Besides, though the middle class in France is not ex- clusively a class of shopkeepers, though the shopkeepers in France are different in many respects from those in countries where they form a rank, as it were, of their own, — yet it is the shopkeepers who compose the most bulky and important part of this class, nor are they wholly without the feelings and disposition natural to their calling. The government of the / middle class, then, is sometimes called " the government of the shopkeepers," and repre- sents sufficient of its characteristics, when we oppose it to what might be called " the govern- ment of the army/' or " the government of the aristocracy," or "the government of the working classes," to justify such a description. I say " the government of the middle class/ 5 ■—for it is the object of the present constitution in France to give this class (though within p. i very limited sphere) the legal and representa- ' tive power of the state. The chamber of depu- ties, the municipal councils, the juries, are all the representatives of this body — voting the public money, regulating the provincial admir 80 MIDDLE CLASS. nistration, wielding the judicial power, and thus maintaining in the will of the government that unity, which a centralized administration gives to its force. " The law takes a fair estimate of the different influences and opinions, which in our state of society are the most proper to advance the cause of civilization and the inter- ests of the country. Is it necessary to say that these opinions and these influences are the opinions and the influences of the middle classes, whose accession to power is the greatest and most prolific result of our fifty years of revolution ? " And when people, in a spirit more philosophic than politic, reproach us for not establishing between all the opinions and all the influences a perfect equilibrium — when, in the name of the people who take no part in the dispute, these persons complain that the law gives to what they call the shopkeepers a decided preponderance, they only, in my idea, declare that the electoral law, as it exists, is good, just according to the principles of the revolution, and adapted to the wants of society. " To whom indeed ought power to be given, if not to that bourgeoisie of whom we speak ? — To the aristocracy ? I am far from undervaluing the services that those classes have rendered in former times, or to deny the kind of historical pomp which still surrounds them. But the blindest must see that the time for an aristocracy is gone by,' " To the classes the most numerous and the poorest ? " I know not, for my own part, if these classes will ever arrive at such a degree of intelligence, of civilization, and SOCIAL STATE. 81 of leisure as will give them the power of governing in- stead of being governed ; but this I know that at the present time they are not arrived at this state of capacity ; that at all events we must govern, not by them, but for them. " To the middle classes, then, to the middle classes alone belongs the government of France !" Such is the language of Monsieur Duvergier D'Hauranne, one of the most distinguished among the young deputies of the juste-milieu. S3 THE ARISTOCRACY. CHAPTER V. Aristocracy still found in the drawing-room — Driven from the forum — Origin of government of the middle class — Bonaparte's two aristocracies — Destruction of majorats — Impossibility of hereditary peerage in France — Law respecting present peerage and fault of "An aristocracy in France," says Mon- sieur Duvergier, "is gone by." — Let us go to Paris with this idea ! Who is at the head of society there ? The king ? The court? that handsome and well-favoured prince whose apartments are so tastefully adorned in the Pavilion Marsan ? To the king, and his court — to the prince who is to be king and to have a court — behold ! yonder salons of the elect are barred, banned ! To whom does the banker bow so low ? To SOCIAL STATE. 83 the lady in favour at the illuminated Tuileries —or the dame who receives in a dark hotel in the Rue St. Dominique ? You tell me, Monsieur Duvergier, that the aristocracy is gone by. I know no country where it is more alive — in the drawing- room. There is a club at the corner of the Rue de Grammont, composed of the persons best known in society at Paris. The Due de Luxembourg, the type of the old aristocracy, is chosen president by a great majority. But enter a new arena! a complimentary address is to be presented to M. de Chateau- briand.* The address is to produce a sensation : who should present it ? The young royalists hold council together. What person do they select to place at their head — this time ? Do the young journalists and bankers and rentiers select Monsieur de Luxembourg, or Monsieur de Fitz-James, or Monsieur de Montmorenci ? No ; but the Due * On account of the pamphlet containing that famous phrase — " Votre fils, Madame, est mon Roi, Addressed to the Duchesse de Bern. 84 ARISTOCRACY. de Luxembourg, the Due de Montmorenci, the Marquis de Fitz-James, select — Monsieur — Thomas. " We have got a capital person/' said a Car- list to me. " We have got a capital person to present the address ; a Monsieur Thomas ! ! ! Dieu merci il n'y a rien d'aristocratique dans ce nom la."* This is the circumstance to be remarked in France, a circumstance puzzling to most strangers. That class, which we call the aristocracy, at the same time take3 the lead in private society, and the tail in public affairs. Defeated in the market place and the forum, it has entrenched itself in the salon ; and if driven from the chamber finds a consolation in breaking the hearts of the deputies' wives. An aristocracy then and the pretensions of an aristocracy, still exist in France, where an aristocracy and its pretensions can do little harm. When I say ' harm/ I may be using a wrong expression. That elegant and graceful clique which flitted but five years ago, in all the suavity of power — for it is not power that is insolent and exclu- sive — round the royal person ; hostile as a * Thank God ! there is nothing aristocratic in this name. SOCIAL STATE. 85 favored band to the interests of the people, forms as a discontented faction the best oppo- sition to a court. They who would sneer at the just rebuke of M. Odillon Barrot, will writhe beneath the courtly satire of Madame de Noailles ; and even Napoleon, after unhesi- tatingly crushing the constitution and the press, halted more than once before the whispered censure of a little brocaded circle, who respect- ed his power to make kings, and smiled at his efforts to make chamberlains. We may trace the fall, I mean the political fall, of the old nobility in France to Richelieu and to Louis XIV ; undoubtedly they humbled the pride and weakened the provincial power of the feudal chieftains ; but it is singular, as an historical fact, that the rise of that com- j mercial class, on which M. Duvergier states i the presen^government to be based, and which certainly placed the present monarch upon his throne, was more especially owing to the accidental reign of a Prince of the House of Orleans. " In the middle of a populous part of the town, between the streets of St. Denis and St. Martin, extends in the same direction an ob- scure passage, 450 feet long and 5 broad, bor- dered on either side by about ninety houses. 86 ARISTOCRACY. " It is called Rue Quincampoix ; at a cele- brated epoch it was called, la rue as Rome was called la ville. The two extremities of this street or passage were occupied by a guard, and fortified by an iron grate which opened at six in the morning and closed at nine at night. The nobility entered by one end, the vulgar by another; but the barrier once passed, the most* fraternal equality reigned within"* This was the vortex amidst the hissing eddies of which the materials of two revolutions were first forged. At the head of a banking company sat Philippe, Regent of France, and grands seig- neurs and sovereigns petitioned to be intro- duced, under such illustrious auspices, to the mines and the mysteries of jobbing. What was an aristocracy ready to sell its ( birthright for a mess of pottage, and which ^ threw the prestige of its nobility at the feet of a set of swindling Jews and brokers ? — Every consideration had been sacrificed for the sake of money, and money became, in consequence, the sole measure of consideration. In vain then were the velvet hats, and nodding plumes, and graceful mantles of the ancient * See Lemontey— Louis XV. /• SOCIAL STATE. 87 chivalry of France ! on the plain and simple body, which represented the interests of in- dustry and commerce, all eyes in 1789 were fixed ; and, when the Tiers-Etat declared them- selves the National Assembly, every one felt that in feet they did represent the nation.* And now, over the gorgeous superiorities of the past, roll heavily the wheels *of the revolu- tion ; Napoleon, after the 18th of Brumaire, be- comes first magistrate of France ; but what is society around him ? — to use his own expression ' — >" a mass of pulverized ruins," — no part does he find more solid and elevated than the rest, on which the seat that he holds may repose, or the throne to which he aspires may be raised. He sought then to form an aristocracy ; but a new aristocracy — consistent with — nay, naturally arising out of — the new ideas, by which the old one had been consigned to the tomb. r In the " Legion of Honour" was incorporated a ' body, which, distinguished for arms and letters, possessed the two titles which at the time ob- tained national respect. * Law it was who founded that reign of the bourgeoisie which expired with the Gironde, began recommencing after the empire, and has existed since the revolution of July, amidst, as I have elsewhere said, a variety of in- fluences and opinions that are opposed to it. 88 ARISTOCRACY. But the empire succeeded to the consulate : an hereditary principle was to govern the state, and not wishing that the transmission of his sceptre should be a political anomaly, Bonaparte placed the fortune of his favorites upon the pedestal to which he had raised his own power. Hence the institution of majorats : which, lying for the most part in a conquered territory, were given with the double object of attaching the nobility to the crown, and its conquests to the empire.* * Majorats were unknown in the old French law, and were first instituted under the imperial regime. The emperor, by the decree 30th August, 1806, created a number of different great fiefs, but in foreign countries, which were to be given to great services, and descend by order of primogeniture from male to male. The alienation of these fiefs in foreign countries was authorised on the condition that other estates should be acquired in France and transmitted in the same manner. A clause always enjoining the acquisition of such pro- perty by the man in case of defect of male issue. This was one species of majorat. There was also another ; the emperor being authorised to create a majorat in favour of any citizen who should have distinguished himself, which majorat was to be founded with the citizen's own private property. In respect to entails, they were first limited to the second degree by an ordinance 1747, and afterwards pro- hibited 14th August, 1806. But they were again intro- SOCIAL STATE. 89 In the first instance this extraordinary per- sonage was governed by the opinions of his time ; in the second he endeavoured to impose upon that time his own ideas. duced by a law 3rd October, 1807, in an exceptional case thus expressed : — " Neanmoins les biens libres fon&ant la dotation de titres he're'ditaires que l'empereur aurait e'rige' en faveur d'un prince ou chef de famille ponrront 6tre transmis he're'ditairement." In all these laws the emperor, as is evident, had the object in view:-— of creating and perpetuating an aris- tocracy founded on merit. They were attacked in discussion on three different, grounds : — 1. As contrary to the best principles of political economy. 2. As opposed to the best rules of legislation. 3. As hostile to the soundest interests of morality. On the first ground it was said that, by making any property inalienable, you took it out of commerce and circulation. The revenue of those majorats that were founded on the property of the emigrants was valued at four millions of francs. On the second ground, it was urged that it established in perpetuity an unequal lot amongst families, and an impediment to merit. On the third, the numerous social evils arising out of the poverty of one part of a family, and the exorbitant wealth of another, were demonstrated. 90 ARISTOCRACY. But in the attempt to turn back the current which had carried him so far forward, even the greatest man whom history has recorded was unsuccessful ; and thus the reign of Bonaparte remains — but an episode in the history of the French revolution. Hark! at the very moment that I write, a new crash is heard among that feudal £chafaudage, which this Charlemagne of the nineteenth cen- tury sought to raise amidst the ideas of Rous- seau and the recollections of the convention.* • LAW RELATIVE TO THE ABOLITION OF MAJORATS AND SUBSTITUTIONS OR ENTAILS. Article 1. All majorats are interdicted for the future. 2. All majorats, or portions of majorats, founded with private property before the promulgation of the present law, and which before such promulgation shall not have been transmitted, will return to their founders. 3. The majorats of the same nature, created before the promulgation of this law, shall only have effect in favour of those who shall be in possession of the properties thus affected, or who shall have acquired the right to claim them. 4. Nevertheless/ in the case foreseen (by the article 2 « _ ^^ * This and the following article was inserted in favour of the women, who, since marriages are always an affair of calculation in families, had been induced most probably to marry under such considerations and expectations. SOCIAL STATE. 91 ffurely if any proof were wanting for the justification of those who, five years ago, pro- claimed the impossibility of supporting an above), the property cannot be alienated or mortgaged by the founder, if he is married since the creation of the majorat, or before the present law, or if, having become a widower, he has children from the marriage he con- tracted. So also in respect to the incumbent, when he shall have married since the institution «of the majorat. Nevertheless, the possessor of the majorat can, with the consent of his wife, dispose of the property, for the establishment of their common children, within the limits of the civil code. 5. If, at the time of the present law being promul- gated, there exist expectants in succession, married since the creation of a majorat, there shall be in their favour an exception to articles 2 and 3, and they will in consequence receive the majorat, and enjoy it in conformity with the restrictions contained in article 4. 6. The shares which the younger children or widows shall have acquired over property composing such majo- rats shall be preserved to them. 7«* The dotations, or the portions of dotations, con- sisting of property subjected to the right of returning to the state, will continue to be held and transmitted ac- cording to the article of investiture, and without preju- dice to the expectations opened by the law of '5th October, 1814. • In the preceding articles mention only has been made of majorats founded on private property. 92 ARISTOCRACY. hereditary peerage in the country of which I am writing, such proof would be found in the present enactment of laws, — laws dictated less by the head than the heart of the nation, — laws the most popular among that middle class which M. Duvergier says must reign, — laws destroy- ing the sole foundation on which an aristocracy of descent can be maintained. Let us be sure of this! when there exists any body in a state, mingled up in the people's concerns, but about which the people feel no interest — a body, the opinion of which can be crushed by the will of a minister, without exciting a murmur in the nation — the persons whose titles, under such circumstances, the monarch may attach to the peerage, are of no more import- ance than those whose names he, with the same benevolence, affixes on the pension list. They are debtors to the royal bounty, but they are not invested with public consideration. 8. The disposition of the five above-named articles are applicable to the entails made in virtue of the law 27th May, 1826. 9. Abolished in every thing contradictory to the present law the act imperial of 30th March 1806, the " senatw conaulte" of the 14th August following, and the decrees of the 18th of March 1808, and the law of 17th May 1826. SOCIAL STATE. 93 The object of a second chamber is the insti- tution of a court of national appeal. For its decisions to be valid, such a court must be in- dependent of the crown, and respected by the people ; — for its decisions to be just, such a court must be intimately connected with the habits, the state of property, the sentiments, and the state of society in that country where it exists. But, even before these later edicts, during the haughtiest times of the restoration, what, in France, was the hereditary chamber ? There it stood ! the image of Nebuchadnez- zar's idol. On its front were written great names and historical recollections ; its head was of gold ; but its feet were of clay ! It could not be an efficient body in the go- vernment of France, for it was not a body analogous with the society of France. If the property of the peerage were allowed to undergo the ordinary rule of succession, royalty had before it a small number of families whom it might be necessary to gain for political pur- poses, and easy to gain by ministerial and courtly favors. If, on the contrary, laws were made for the continual accummulation of wealth in these families, there was created, in a state where the 94 ARISTOCRACY. whole nation was interested in a particular dis- tribution of fortune, and the social and political consequences resulting from it, — a small band, perpetually alone, and aloof from that nation — a band which must have ideas, and habits, and interests totally different from those for whom they were legislating. Leave this body in the ordinary condi- tion of their fellow citizens, and you deliver them into the hands of the sovereign ; se- parate them and their childrens' children from their fellow citizens, and you destroy that identity which is necessary between the governor and the governed. Besides, in forming a chamber which ought to comprize the superiorities of a country, it is al- ways necessary to consider what, in that country, will most readily be considered superiorities. If ancient descent, if large fortune form those distinctions which the people most wil- lingly acknowledge— on ancient descent and on large fortune base your upper chamber ! The possessor of a large fortune maybe looked up to for protection in a country where there is a great class possessing large fortunes. Such is still the case in England. The possessor of ancient descent is looked up to in a country, the great nobles of which SOCIAL STATE. 95 enjoy an independent existence, and are by action and history connected with the popular cause. Such was the case in England. But shew me a state with thirty-two millions of inhabitants, and where there are not above 1,500 landed proprietors with 1,200/. a year !* What sentiment will a great fortune, entailed on a few families, create ? Respect and con- fidence ? — no ; suspicion—suspicion, because instead of being the guarantee to a large class that their condition will be maintained, these few families will exist as a perpetual source of fear to the country, that its existence will be changed. So, if I find amongst a nation, become deeply attached to popular privileges, a nobility which, during the days of its grandeur was nourished by courtly favour, I know that the names which revive national antipathies will not be proper conductors to public respect ? The two conditions necessary to hereditary legislation exist not in France ; and if you give, as a reason for its institution, the advantages it once produced in England, you may as well ad- vocate the culture of the sugar cane in Norway, because it flourished in St. Domingo. * About 939 properties pay from 4000 to 5000 francs — the 6th of their revenue ; but as other properties joined are in the hands of the same possessor, from 1400 to 1500 96 ARISTOCRACY. But the most amusing circumstance in the very remarkable discussion which took place a short time ago in respect to the nature of the peerage in France, was this ! — All the necessities on which an hereditary assembly is founded — nobody desired. A dif- ferent distribution of property, a great respect for privileged orders— God forbid ! The state of society out of which such an institution naturally arises, was declared to be abominable on all sides ; it was the institution itself that a few, no doubt very wise statesmen and philosophers, wanted, without any of its effects, or any of its causes. This isolated peerage was not to be directly connected with the country, but something separate from the country ; not a body reposing upon 80,000* great proprietors— this was de- nounced as most atrocious — but a nice little body of 300 persons, dropping from the clouds, for there seemed nothing on earth they could arise from, and totally distinct from every body and everything around them. is about the calculation. — See Introduction, France, ' Literary, Social, and Political/ — vol. i. p. xxii. * Ce n'est pas 80,000 tyrans que nous voulons ixnposer au pays, ce sont seulement 300 individus que nous voulons invester de hautes fonctions. Voil& tout. — M. Thiers. SOCIAL STATE. 97 An aristocracy may be still possible and desira- ble in France, but not an hereditary aristocracy. For qualities that confer individual respect in- dividuals might be chosen, who would form a body universally respected ; but these qualities would not be a pedigree posteriorating to the crusades, nor a fortune accumulated under laws at variance with the habits and ideas of the ex- isting generation. As the passion for military glory was stronger during the olden time than the pride of birth, so is it stronger at the present time than the pride of equality. In the reign of Louis XIV, the court saw, without a murmur, the title of 'duke/ which was a right, submit to the title of ' mar- shal 9 which was a gift. In the reign of Louis- Philippe, the nation elevates the distinctions of the camp above the doctrines that denounce distinctions among the people. Nor is the sentiment inspired by success in letters, less than that which follows success in arms. " Les dieux que nous avons maintenant," said a person of no small celebrity lately— " ce sont la science et l'art ; nous sommes secouls dans les thl&tres et dans la cour comme nous Itions jadis dans les Iglises, les VOL. II. F 99 ARISTOCRACY. coeurs que nous avons enlev^s aux pr^tres, nous les devons tout entiers aux philosophes et aux po&tes." The French have one chamber composed of the mediocrities of their country 5 — a chamber neither elected by the people, who are always attached to the pomp and circumstance of talent; nor by the great proprietors, who, what- ever their faults, usually take a noble aspect of public affairs. The chamber of deputies, chosen by a small body of the middle classes, repre- sents the mediocrities of France. If you wish for another assembly, which the king and the people shall respect, and to which the chamber of deputies can be appealed from, it must be an assembly composed — not of the superiorities of past times, nor of foreign states, but of the acknowledged and existing superiorities of France. To create such an assembly, was the intention of those who founded the present chamber of peers ; but I cannot but think there is a radical vice in the very origin of this institution. You wish for an independent body, com- posed of persons whose distinctions shall im- pose a popular authority upon the sovereign's opinions, or give the sanction of superior ca- pacity and intelligence to the counsels of the people's assembly. SOCIAL STATE. 99 You wish for this, and what do you do ? you organize the existence of your political crea- tion so . as .to cripple it at its very birth. Will those who are named by the king receive the faith of the people, or can they be firm against the sovereign's displeasure ? — The head which should be crowned with popularity, is disho- nored by suspicion, and the hand that should be armed with independence, is paralyzed by gratitude. LAW CONSTITUTING THE PEERAGE OF THE •MONARCHY OF THE REVOLUTION. Louis-Philippe, King of the French, to all present and to come— salut! The chambers have adopted— we have or- dained, and ordain as follows :*— ARTICLE UNIQUE. Replacing 23rd Article of the Charter. The nomination of Members of the Chamber of Peers belongs to the King, who can only choose among the notabilities following * The number of peers is illimited. * For Notabilities, see Appendix. F> s* ' 100 SOCIAL STATE. Their dignity shall be given for life and is not transmissible by order of nomination. L. Philippe. Palace of the Tuileries, 29th Dec. 1831. STATE OF THE WORKING CLASSES. CHAPTER VI. State of Working Classes more favorable than formerly— Division of Property — Saving Banks and Associations —-Population in Towns and Country — The Population in the former require Poor Laws — System existing— But though the people in towns are badly off, this is rather on account of dissipated habits than want of wages— How to remedy this — Immediate necessity for improving the Working Classes, since the Govern- ment which has passed the Aristocracy must descend to them — Police Regulations promoting order amongst them— Causes of late disorders, fee. The monarch,* whose solitary statue escaped the revolution of July, owes great part of his • Henry IV. 102 WORKING CLASSES. popularity to the wish, which no doubt he as honestly expressed as easily forgot, viz. " that every peasant should have a chicken in his pot for his Sunday's repast 5" — and still, the desire which every philanthropist feels to arrange so- ciety under a law that shall protect the interests and advance the happiness of the multitude-— and the difficulty which every legislator finds in carrying into practice such benevolent in- tentions — makes us look with peculiar interest on any community, whence instruction is to be derived, in this, the great lesson, to be taught the rulers of mankind. From what I have already said of " the lower classes" in France, it may be concluded that I have formed a favourable opinion as to their condition; but I would now enter into the present state and future prosperity of this body with more detail. What a different picture shall I have to draw from that given us by Rousseau, when quitting the divided soil of Savoy, he first placed his foot on that country over which he was destined to exercise so powerful a sway, and which he then found in the possession of a bankrupt nobility and a starving people ! In the first place : The period of human existence has increased WORKING CLASSES. 103 by seven years, since the calculations made in 1780; and when we consider that this increase, here taken in the average, ought to be almost entirely given to the poor, who have chiefly profited by it, we shall have some idea of the increased comforts and advantages they enjoy. And now, much that I have said on the divi- sion of property comes again under considera- tion. The number of landed proprietors may, cer- tainly, be calculated at five millions. The number of persons, who, as the head "of some trade or industry, paid the tax on patents in 1832, were 1,118,500; — add the number of persons not included in either of the above denominations, and who possess mortgages, houses, or shares of houses, or capital invested in the funds ! Surely I may say, if to these holders of patents I add the various possessors and pro- prietors of land, of houses, of funded property, and of mortgages, there will, at the lowest esti- mate, be 7,000,000 persons, which, allowing four for a family, make 28,000,000 interested, be- cause, according to the French law of succession, a share of this property will come to them— in some species of property or other : there 104 WORKING CLASSES. remain then but 4,500,000, who have not pro perty, or the expectation of it. How many of these have accumulated, and are still accumulating the means of independ- ence in those banks, institutions worthy of the social epoch in which we live — banks formed by the benevolent intelligence of the rich, in order to relieve the burthens, and at the same time encourage the industry of the poor — banks already existing in Amiens, Avignon, Besangon, Bordeaux, Douai, Dunkerque, H&vre, Lyons, Luneville, Metz, Mulhausen, Nantes, Orleans, Paris, Rennes, Rouen, Rheims, St. Etienne, Toulon, Toulouse, Versailles, — and demanded in Annonay, Carcassonne, Cherbourg, Lille, M&con, Montargis, Nancy, &c. &c. savings' banks formed. From 1818 to 1830 . . .11 1832 ... 4 1833 . . .12 1834 . . .20 Since . . .39 86* • It is to be remarked, that the lottery decreased in almost the same proportion — in the three first months in 1834, it had diminished by 3,687.000 francs : — it ia now abolished. WORKING CLASSES. 105 In 1826, eight years after the creation of these establishments, in a hundred persons de- positing their savings, there were not above 16 of the working classes; in 1831, there were 43. A considerable portion of this body indeed in Paris, has savings deposited in the savings' banks,* and a great number also belongs to some kind of benevolent society. The progress of these benevolent societies is worthy of notice : From 1 8 10 to 1 830, were authorized 1 85 From 1830 to 1834 ... 32 During . . 1834 ... 27 244 They are generally formed amongst workmen of the same profession, paying a small monthly contribution, (from 1 to 3 francs) in consider- ation of which relief is to be afforded (about 1 franc a day) when sickness, infirmity, or acci- dent deprive them of employment. The earliest associations of this description are : — * In 1830, the savings' bank of Paris alone received 93,284,325 francs, subdivided into 751,567 deposits m made by different persons at different times. VOL,. II. P 3 106 SOCIAL CONDITION. That' of St. Anne, founded for all professions in 1694, and containing 160 members. That of cabinet makers founded 176*0. That of tyjpographists, founded 1789, pos- sessing 80 members, and an income of 1,750 francs. The most numerous are : — That of the hatters, that of the paper makers, that of the printers, and that of the painters on porcelain ; some of these have a capital of 1 5,000 to 16,000 francs. The persons absolutely dependent upon their daily labour for support — who if thrown out of employment have no kind of resource-^must necessarily then be small. The population of the rural districts are frugal, sober, and labo- rious, anxious to obtain a piece of ground, or to extend that which they possess ; prQud of the title of " peasant " which is usually linked with that of " proprietor," simple, indefatigable and independent. Here you will hardly find a pauper, except from malady or accident. In rural villages, indeed, I have frequently found, upon inquiry, not more than two or three poor (I mean supported by charity) in a popu- lation of l,50O<— and these were persons cor- responding with Mr. Cobbett's account, not WORKING CLASSES- 107 unable to find work, but incapable of perform- ingit. In towns, however, the case is different. M. Bigot de Morogues, in a work lately published, gives a curious notice of this dis- tinction, and, according to him, indeed, the number of poor is almost relative to the num- ber of large towns in any particular district. In the towns of above 50,000 inhabitants, and in the depart- ments they belong to, we find, he says, on 10,000 inhabitants. In 26 departments which have towns above 20,000 persons, on 10,000. In 50 departments which have towns above 6,000 persons, on 10,000. In those departments which have no town above 5,000 persons, on 10,000. Beggars or Indigent. 1,040 560 Under the " Surveillance" of the Police. 170 490 380 130 110 60 Monsieur de Villeneuve draws similar con- clusions : — In towns of above 1,500 persons, he esti- ! mates one tenth as paupers. V^And in the rest of Prance one thirtieth. In the northern departments, where land is less divided than in general, and cultivated with larger capitals, there is by far the greatest 108 WORKING CLASSES. number of indigent ; and in the towns of this division, pauperism has even risen to an alarm- ing extent. " Here," says M. Villeneuve, " the poor consist of workmen, ignorant, improvident, brutified by debauchery, or enervated by ma- nufacturing labors, and habitually unable to support their families." These statements are curious, for they cor- roborate much that we find, and which I have ventured to remark, in England — shewing tEat in France also the greatest misery is frequently/ to be seen in those spots where wealth is qn tl most rapid increase. A new consideration here arises, which, as it is connected with a question exciting deep in- terest amongst ourselves, I shall take the liberty to speak of. People have occupied themselves much with discussing whether there should be c poor laws/ or whether there should not be ( poor laws/ — paying little attention, for the most part, to the state of society to which such institutions are to be applied : though it is precisely that state of society which may render them altogether useless or imperatively re- quisite. When we look at France, which has no law upon the subject, we find a certain necessity WORKING CLASSES. 109 \ making regulations, and preparing the minds of men for regulations, according to the various circumstances it has to provide for. r In the rural districts, and in those rural dis- tricts more especially, where property is in the i - greatest degree divided, the proposition of a \poor law would be treated as absurd. Because, first ; — the labourer is not altoge- ther dependant upon wages ; he has something, when out of employ, to fall back upon, and his patch of ground supplies the place of the poor rate. Because, secondly; — the great mass who pos- sess property, have no fear of the small num- ber who have nothing : and because, thirdly ; — the very small number who are out of em- ploy, and have no bit of ground, or who, from sickness or accident, are incapable of working for themselves or others, are of the same class, and frequently of the same parentage; as those from whom relief is to come ; therefore no law is required to oblige persons to an act of duty and charity, which their own feeling, and affection, or the opinion of all around them would compel them to perform. But just in the degree that you approach other places, where the labourer has nothing to depend upon but his wages — where the 110 WORKING CLASSES. possessors of wealth are few, and naturally in dread of the desperation of the greater number ; — and where, moreover, the different distribution of fortune has so separated the classes, as that the poor can appeal to no one among the rich, except on some regu- lation made among the rich themselves ; — there you observe, as in the Department du Nord, for instance, where the greatest capitals are found, and where four towns, Lisle "J Valenciennes I /-"Population. Cambrai | / 121,389. Dunkirk y furnish 36,230 paupers; — there, I say, you observe, to \JSe the words of M. Villeneuve, " que la taxe des pauvres Jest forcement in- troduce ; " — and so, let people reason as they will, it must introduce itself, as a wise and prudent policy of the wealthy, wherever so- ciety is fluctuating, and the many have no- thing to depend upon more certain than their casual employment. Paris, the natural reservoir for the enterprize of the kingdom, (out of 3,347 persons relieved in one of the arrondissements of Paris, (183,4) N 2,196 were not of Parisian birth, and 179 not 0f French extraction,) gives no idea of the state WORKING CLASSES. Ill of tranquil sufficiency which prevails throughout the country in general; but it is there, that the present system for the relief of the poor is most developed, and can best be studied. The budget of that metropolis contains a charge of 10,186,388 francs for the poor ;* the aid given being under the following heads : 1. Public establishments 24; 13 being hos- * This charge is supplied by the following sources : — Revenus en argent, loyers, fermages, etc. . 1,136,271 Fermages en nature. .... 295,000 Rentes sur lMtat 1,201,472 Rentes sur les particuliers. ... 1 1,000 Dons et legs 100,000 Inter&ts de capitaux 12,000 Jourae'es de malades, pensions payees pour l'admission 386,100 Produits interieurs, successions hospitaHdres. 81,200 Mont-de-Pie'te' 231,970 Spectacles. 600,000 Marches cre'e's. 296,300 Recettes diverses 30,000 Subvention par la ville de Paris. . . 5,238,000 Subvention par le departement pour les en- fans trouves. .... 400,000 Subvention extraordinaire pour grands tra- vaux 92,000 Emploi des capitaux de l'administration. . 75,075 i 10,186,388 112 WORKING CLASSES. pitals destined to the sick, and containing 5,337 beds ; and 11 w hospices" or houses where the indigent and infirm inay be received to the number of 11,740 persons. 2. Relief sent to persons at their own houses. 3. Les enfans-trouv^s. The movement, 1833, of the population in these establishments, was as follows : Hospitals. Hospices. Total. Individuals there 1st Jan. 4,170 9,557 13,727 Admitted during the year 61,765 3,190 64,955 65,935 12,747 78,692 To these numbers are to be added — 1. Enfans trouve's, in the country or at Paris, on the 1st Jan. (orphans included) .... 17,435 2. Enfans trouve's, abandoned during the year 5,693 3. Children placed out to nurse by the bureau des nourrices* 1,760 4. Indigent assisted at home . • . 68,986 Total number altogether being l72,566f * A bureau to which persons desiring children to nurse can apply. The applicants are submitted to certain regu- lations, and must be monthly examined. + i.e. one to eleven persons in Paris, double the propor- tion which the poor bear to the population in France in general. r- '*» i; ^ ..; v ■ GENERAL ADMINISTRATION & Z i WORKING CLASSES. 113 There are also at the outskirts of Paris, large establishments, or houses of repression, where all persons, without employment or profession, are received — but these originally intended as charitable, are almost become penal institu- tions, and chiefly contain persons whom the police deem it expedient thus to dispose of. The most interesting part of the statement 1 have entered into, is that relating to the aid given the indigent at their own houses, and which is extended, as it appears, to no less than 68,986 individuals ; concerning whom I refer to the' annexed statement. This relief is chiefly administered in kind, and mostly through the medium of tickets upon the baker, the butcher, etc. ; relief in money being reserved chiefly for the aged and in- firm. This is done by the aid of 12 bureaux of charity or benevolence, one to each of the arrondissements of Paris. These bureaux are under the superintend- ence of the prefect of the department, and the council general, which has charge of the general administration of the hospitals, hospices, etc. Each bureau is composed : 1st. Of the mayor of the arrondissement, (as president) and his two adjuncts of the 114 WORKING CLASSES. curate of the parish, and his desservans (curates or assistants.) 2nd. Of 12 other administrators named by the minister of the interior, renewed every year by one fourth, according to the order of their nomination. 3rd. Of an indefinite number of visiters to the poor, and " ladies of charity" (ladies who give up their time to charitable pursuits) named by the bureau, but not assisting at its delibera- tions except when invited. 4th. In those arrondissements where there is a protectant church, of the protestant cler- gyman. 5th. Of a responsible agent, under the title of secretary and treasurer, who receives a salary and is obliged to give security. Out of Paris — Houses of repression, as established in 1 793,* have been found not to answer, and they * By a decree of the 20th of May, 1790, two convents were provisionally assigned, one for the reception of the infirm poor, one for the reception and employment of those who were not unfit for labour. 18th of October, 1793, " houses of repression" were formed — establishments in which every able man was re- ceived and employed at 3-4ths the ordinary wages given in the canton. Every " Chef-lieu" of a department was to have WORKING CLASSES. 115 now only exist *where a number of different communes unite to form one* one of these houses of repression, and every one beg- ging, was to be punished in the first instance with one year's, in the second, with two years' imprisonment. But the most remarkable attempt at a really wise poor law made in these times, was by a decree published May 11th 1794, commanding the formation of " a book of national benevolence," divided under three heads : 1. Cultivators, old and infirm. 2. Artizans, old and infirm. 3. Mothers and widows of the same having children. Under the first head, every poor man, sixty years old, furnished with a certificate attesting that he had been employed for twenty years in the cultivation of the soil, was to receive 160 francs a year. The number of such persons was fixed at 400 for each department, and a sum of 7,544,000 francs for this pur- pose was placed at the disposal of the commission of public charities. Under the second head, all artisans under sixty years old, infirm and poor, and who had exercised any industry for twenty-five years, were entitled to ] 20 francs per ann. The number of these was fixed at 200 per department, and the sum allotted 2,040,000. In respect to the mothers and widows having children, all mothers having two children under ten years, and a third at breast ; all widows having one child under ten years and a second at breast, had a claim to the annual charity of sixty francs, and twenty francs additional, if 116 WORKING CLASSES. Here too they act like the two establishments I have mentioned at the outskirts of Paris, less as charitable than as penal or restrictive institutions, and are principally maintained with a view of preventing the circulation of improper characters through the country. Each commune has a bureau of charity or bienfaisance, similar to those bureaux I have described in Paris, and a hospice or house of reception. These are supported partly by charitable be- at the expiration of the year, they presented their child alive to the agent of the commune. Six hundred and fifty wives and widows thus situated, and one hundred and fifty widows, who had no children, and who received considerably less. The sum here allotted was 3,060,000. A recompense was also given by the same law to any " mbrefiUes," to virgins with children ! The expense of this project, however congenial to the spirit of the time that produced it, was found more than the state, burthened with a war, could bear— and it only remains as a monument of the great and beneficent designs, which the madmen of the republic, at the very moment that they were sending their fellow citizens by battalions to the guillotine, no doubt contemplated : — such are the contradictions of mankind ! and such the injustice of history when it praises or condemns without restriction. WORKING CLASSES. 11/ quests which form a permanent fund, partly by charitable donations, and partly by the sum voted by the municipal council; a sum regu- lated by the wants of the poor and the capacity of the commune. The law still punishes any valid beggar with imprisonment, and the punishment becomes heavier if he begs out of his commune.* Invalid beggars also, may for the act of beg- ging, be sent to the hospice or house of recep- tion, which, if they have any other means of subsistence, though the accommodation in most of these houses is good, they hate and avoid. Thus, there are two methods of relief adopt- ed, the one administered at home, to persons accidentally reduced to want, and who wish not to sink into the class of beggars in perpetuity ; the other, given in houses of refuge, to persons less sensible of shame, and who would be inclined to imitate indi- gence in order to obtain the occasional luxuries of wealth. * But this law, except in extraordinary cases, where the beggar is a known vagabond, or takes no pains to find employment, is rarely enforced. A calculation that gives 198,000 beggars in France, states that 500 were convicted of begging 118 WORKING CLASSES. But though the people in towns, and more particularly in manufacturing towns, seem liable to distress, it is fair and necessary to say, that this seems less caused by the real wants than the improvident habits of the people. I may cite one instance at Lyons. The whole land-tax of the department of the Rhone (in which Lyons is situated) is 2,876,300 francs, and for 10 years prior to 1830, the an- nual amount of money put into the lottery in the town of Lyons alone, was 3,400,000 francs.* I subjoin a table which I have taken much pains to form, and which states many parti- culars relative to the class I am describing at Paris. As it may be seen from this table, the characteristic weakness of the working classes in France, is the desire for amusement, and for such amusements as cannot be enjoyed without expense. They waste the Sunday, very frequently the Monday or Tuesday, in the guinguettes, the theatre ; there is no con- * It might be said, that it was the richer and not the poorer classes by whom this money was subscribed ; this objection, however, is met by the fact, that since 1830, when the price of the lowest shares was raised to two francs, the produce of the whole decreased by one half. NS APPLICABLE TO EACH OF THEM, VATION8. GENERAL OBSERVATIONS ON THE SEVERAL PROFESSIONS. ?L Observation* ■ 1 WORKING CLASSES. 119 trol over this habit. There is no duty, no passion to counterbalance it, for there is no religion, or little religion, in the cities more especially; neither has the education hitherto given to the working classes, offered more intel- lectual resources than the tavern at the barrikre, or the spectacle on the Boulevards. The child, taking to any trade, having received little instruction during his boyhood, starts at eighteen, to make the tour of France. He passes from town to town, contracting, as it is easy to suppose, more vices than virtues in his way, and ends either by settling in the capital or returning to his native town, with the infor- mation he has thus acquired. It does not so often happen then, that a fair subsistence cannot be acquired in the towns, as that it is either extravagantly ex- pended, or not sought to be procured. The evil to remedy is a moral evil, which can only be remedied by moral improvement. The new law on education, must produce its effect ; but there is a particular species of education adapted to the working classes, adapted espe- cially to the working classes of France, and which, existing in France, to a certain extent it is to be expected, that an intelligent and philanthropic government will attempt to im- 120 WORKING CLASSES. prove. If you tell the man and his wife, who are just starting off for their Sunday's debauch, that they would do much better to come and hear a lecture on painting or chemistry, they will not be likely to listen very patiently to your injunction. But if you shew them a beautiful picture, explain its subject, mark and make them remark the characteristics, and the talents of the artist, they will receive your lesson as an amusement, and have the satisfac- tion of learning without the suspicion of being taught. The same may be said of chemistry, even of astronomy, the illustrations of which I re- member seeing when a boy, with a kind of mys- terious pleasure, resembling, but far exceeding, that which I should have received from a play. Monsieur le Chevalier, an officer in the en- gineers, of very considerable attainments, in- stituted shortly after the revolution of July, a gratuitous course of lectures upon this plan, and especially adapted to the working classes. These lectures were delivered in the Th&tre Molifere, and attended by about 3,000 of the working classes of Paris. M. le Che- valier would- sometimes conduct these men to the Louvre, point out to them the pictures most deserving attention, recount the his- tory of the artist, the subject of the piece, and WORKING CLASSES. 121 every day so entertaining a professor found himself surrounded by new disciples. It is to be regretted that these lectures, which commenced with the simple intention of improving the moral condition of the poor, were afterwards converted to political purposes. The government then found itself obliged to discourage them, and M. Le Chevalier himself abandoned his voluntary professorship. Since which time, though still continued, they are little attended, and only exist as a memorial of what might be achieved on a similar plan, and which, if instituted by the government, would be under its controul.* * I shall be much misunderstood, if it be supposed that I mean to deny amusements to the poor, and condemn them, as the condition of their destiny, to unceasing toil. But there are amusements which elevate the character, and there are amusements which debase it ; amusements which strengthen the body, amusements which enfeeble it. There are expenses also which lead to improve- ment and comfort, as there are expenses which lead to idleness and want. The money spent in drinking, which is an amusement, is better spent on a book, which, read to the family, is an amusement also. A more comfortable piece of furniture, a larger and more healthy apartment, warmer clothing ; — these are not amusements certainly, but the poor man would frequently do well in these res- pects to sacrifice a day's pleasures, in order to procure what will add considerably to his year's happiness. It VOL. II. O 12* WORKING CLASSES. It may be asked, of what use is painting, of what use is history or chemistry to the poor ? I answer that all knowledge is useful in soft* ening the mind, in opening the intelligence ;— all knowledge is useful moreover which comes as a substitute for some more vicious gratifica- tion. But a practical illustration is now before me $ — the best proof for or against a disputed theory. Travel over France, visit every great town of that great empire, where will you find the working classes most decent in their behaviour, most respectable in their appearance ? at Metz;\ and why at Metz ? There, there are lectures \ established and supported by the respectable/ inhabitants and officers of the town, — lectures ' on chemistry, history, &c* The change which has been produced among the working classes of Metz by these means is something marvellous. It is to be traced immediately in their manners. If you meet a is not that I wish to circumscribe the relaxations of the poor there, I only wish to give them such relaxations as will not withdraw them from industry nor deprive them of their comforts. * Every person may have a ticket on applying for it ; but if he misses three times, his name is erased from the list,. and the ticket is forthwith refused to him. WORKING CLASSES. 123 working man, you find him polite, polished, correct in his language, easy without being confident in his conversation. You would take him, if he were not worse dressed and better informed, for a respectable bourgeois of Paris. There seems, I admit, something theoretical in these projects of excessive perfection ; but in France— attention is invited to them, not by any benevolent dream of distant philanthropy, nor any prospective consideration for future genera- tions. The wisdom and policy of the day, of the hour, call the legislature to active and in- cessant preparation for that great scheme of democracy, now in the first stage of its de- velopment, but which is likely, even during the lifetime— of us whose eyes are now open — to have a prosperous or fatal trial. There is that sanctity in great names and deeds, there is so natural and almost holy a veneration implanted in us for antique recollec- tions and superstitions, that it is impossible for society long to make a stand on the line which separates the mass from the nobility. But that barrier once passed, who can for a moment pre- tend that all others will not shortly give way ? Monsieur Thomas and Monsieur de Montmo- rency stand already in the same position before o2 114 WORKING CLASSES. the state ;— can Monsieur Thomas, who pays 200 firs, of direct taxes, and Monsieur Thomas, who pays 100 frs. stand long in a different one ? It is to this sentiment of their force — and also to the presentiment of their destiny — it is to the conviction (forced on them from the tribune, and the stage, by the press and the revolution of July)— »it is to the conviction that they have a power unacknowledged by the state, which power is daily becoming greater, that we may attribute those transient disorders that for the last four or five years have broken out among the working classes, now exercised against the government, now against their piasters. Few countries, indeed, are so called upon to \ watch over their manufacturing population, as \ that France which adds all the fickleness and fierceness of its own character to the frequent variations and occasional severities of com- . merce. Prior to the first revolution, all disputes between the different orders in trade were con- fined to the corporations which had each their own banner, (forming thus — so few institutions are there without their precedent — a species of national guard) their own government, their own laws, their own hierarchy — an hierarchy which repressed industry, but regulated its WORKING CLASSES. , 125 movements, and infused the conservative spirit of an aristocracy into the breast of the artisan and the mechanic. The revolution which visited the chateau did not spare the workshop — those bodies, the constitution of which it might have been wiser to alter and modify, were at once destroyed. None could any longer say that their talents were unacknowledged and repressed by the society they belonged to ; but none could any longer say that they belonged to a society which had a right to redress their grievances and relieve their wants. These old associations— condemn them as we may— gave to every class and to every age an assigned and an expected place. The lad on quitting his parents found a family in the pro- fession into which he entered — a family which profited by his labour, and provided for him when he was incapable of finding employment. The master and the workmen then united to- gether to support their trade, instead of strug- gling, as now, to divide its profits. Industry was confined within certain channels and order given peculiar securities. The abrupt abolition of a vast assemblage of old laws, some* of which must, even from their 126 WORKING CLASSES. long continuance, have created necessities — was followed shortly afterwards by a succession of new laws, haying for their object the restoration of that discipline whiphhad been too suddenly disarranged. The decree of 22 Germinal an XI (12 April 1803) and of 9 Fiimaire, (1 December, 180S) established the livapet — a certificate which every workman, under the penalty of being treated as a vagabond, is obliged to have.* On this certi- ficate is written his age, the place of his birth, and the name of the person whom he last served, or to whom he was apprenticed. . Here too the money he receives, the debts he incurs, the agreements he enters into, the character he has deserved, are all recorded.f On quitting one master, he presents it to the other, whose service he is about to enter :— the manufacturer knows the antecedents of the man he employs, the police of the man who travels; soi-disant, in search of employment. In this manner the surveillance of the old corpora- tions has been in some degree restored ; so * The livret has been extended to soldiers and servants in large towns. + On entering any service, the master writes the date on the livret ; it must be visited by the police within twenty-four hours. WORKING CLASSES. 127 also ra some respect, have been their tribu- nals. Formerly the mayors, or achevins des villes, sometimes the syndics, used to decide upon the disputes between workmen and their masters* Such disputes are now decided by the conseils ties prvd'kommee, first formed 1 8th March 1806. These judges composed in a fair pro- portion of manufacturers, chef

enfeebled by her civil dissensions, she was plastic to every impression, destroyed many of the differences then remaining of her ancient divisions. And now/ the multiplication of roads, of canals, the facility and the expedition of conveyances, have so mingled and mixed up the various provinces together, that a slight accent is all that continues to distinguish their inhabitants one from another. England, more- over, defended by her insular position and her maritime superiority, has no occasion, in the administration of her civil government, to con- sider what may be required as a security from foreign aggression. France, on the contrary, is a continental empire, more likely than any other, from its situation, and the character of its inhabitants, to be' called to arms, and de- manding, therefore, even in the administration which is to govern it in peace an attention to the administration which might be required in the event of war ; moreover, it is impossible for the most casual observer who visits them not to be struck by the motley character of those various races now collected under one sway, and held together by the Northern Ocean, the Mediterranean, the Atlantic, and the Rhine. The Briton speaks of France and the French as distinguished from himself, and tells you 142 CENTRALIZATION. that a Frenchman has bought this chateau, or lives at that place. In a great part of France, French is not the language spoken by the people ; the west, since the revolution of 1830, may be looked upon as a hostile and subdued country. Ruled by its priests and its women, served by its chivalric nobility and its martial peasantry, superstitious, adventurous, determined, difficult to be subdued, — the in- stitutions which made it independent would render it hostile and dangerous. To keep the fanatic south, the irreligious north, the repub- lican east, and the royalist west together and quiet, no doubt a strong government, quick in its action, and determined in its purpose, is necessary, and no wise Frenchman would desire a perfection in the laws of a country that would tend to the disorganization and dissolution of the state. Looking, then, at the equality among the French people, which prevents the local govern- ment of an aristocracy— at the position and divisions of France, which render dangerous the uncontrolled local government of a democracy-— centralization if an evil, is almost an evil of necessity, and cannot be abandoned, though, perhaps, it may yet be capable of further modification. Already, as I have said many GOVERNMENT. 143 changes have taken place since the destruction of the empire, and more especially, since the revolution of July, and over these changes a spirit of wisdom and moderation has prevailed. . To maintain the unity of the state, to stimulate the energies of the provinces, and to set bounds to the authority of the executive go- vernment seem to be the triple object under which these alterations ought to have been undertaken, and have been accomplished. Here the general councils have been made elective, the judges immoveable. There, the formation of a local force, on popular principles, has placed a check upon the unlimited power of the regular soldiery. But as the best key to this subject I will give a rapid sketch of the civil and military admi- nistration of the country. CIVIL ADMINISTRATION. CHAPTER IX. Minister of Finance and system of Taxation — Minister of Justice and Judicial system — Minister of Police, and the origin, effect and attributes of that office — Minister of Commerce, Commercing Chambers, etc.— Minister of instruction, system of education, etc. — Minister of the Interior, and departmental and government divisions. FINANCE. In the Minister of Finance centres the ad- ministration of the public revenue, the national debt, and the mint. He superintends the assessment and collec- tion of taxes, direct and indirect ; and as the GOVERNMENT. 145 centre to whom all the other ministries ad* dress their accounts seems the most proper to mention first It is after having received the estimates of the different administrations, that this mi- nister determines how much will be requi- site for the service of the coming year, and proposes in advance a budget accordingly. The budget of the state fixed, die object is to secure its payment : and in order to un- derstand how this is done, it is necessary to know from what sources the public revenue proceeds. - . The most important of these are the direct and indirect taxes. The direct taxes are : 1. The house and land tax in proportion to the clear annual income. 2. The poll tax, extending to all but the very poor, and amounting to the value of three days' labour. 3. The door and window tax. 4. The licences to trade.* From the nature of these taxes it is neces- sary, first, to provide for their distribution, and secondly, for their perception. * The licences must be paid for when issued, except in some particular cases. VOL. II. H 146 CIVIL ADMINISTRATION. In respect to the distribution, the minister proposes to the chamber in his budget the contingent of each department for land tax, poll tax and window tax. The councils of the departments fix the proportion to be paid by their arrondissements, and the councils of the arrondissements the proportion to be paid by their oommunes.* A list of tax-payers is drawn up every three years/ stating the names of each individual, and the nature, and the amount of the taxes to which he is liable. This list, annually supervised, is signed by the prefect every year, on or before the 1 2th of January, and then becomes available. The direct taxes are made payable by twelfths, and the tax-payer can be called upon the first of every month for the taxes of the months previous, t Such taxes are collected by collectors named in every department by the minister of finance out of a list presented by the prefect J and every * The prefect fixes the house tax in the departments, and the sub-prefect in the arrondissements. + Those who have not paid their twelfth on the first of . the month are liable to proceedings, which consist 1 — Of a notice. — 2. Summons. — 3. Seizures. — 4. Sale. X They must, however, be consented to by the re- ceivers, who are responsible for them. GOVERNMENT. 147 tenth day, in large towns at shorter periods, they must pay the sums levied to authorities appointed for that purpose. These authorities are sta- tioned in every arrondissement, under the title of receivers of arrondissement, and are all subordinate to the receiver-general of the de- partment, who is responsible for their inte- grity.* The indirect taxes are : 1. On drink (i. e. wine, beer, and spirituous liquors.) 2. Produce of the sale of the monopolies of gunpowder and tobacco.f 3. Tenth of all the commercial octrois. 4. Miscellaneous. Public carriages. Cards. . Salt at the pits, and in the country. On stamps guaranteeing the quality of articles fabricated in gold and silver. On passage of bridges, &c. * A commune which has a revenue of 20,000 frs. has a receiver also. f The persons allowed to sell these articles, take them from the government at a certain price, and are allowed as their remuneration, to sell them at another. H 2 148 CIVIL ADMINISTRATION. 5. Registration stamps.* 6. Post and lottery .f The machinery of receipts is the same as for the direct taxes. Directors of direct and indirect taxes are appointed to superintend the method of per- ception, and functionaries called, " inspectors general who, travelling over the country, may take any district by surprise, keep a watchful and constant controul over the ac- counts. But the finance ministry is not only charged with the collection of the public revenue, it is also charged with the payment of the public expences. The machinery it employs is there- fore of a double nature. By the side of the f receiver general' of the department, there is a paymaster for the department also. The receivers are in fact the government bankers, and the paymasters the government agents. The receiver general, for instance, has so much in hand, on account of the treasury * The rest of the receipts is composed of the revenues of public lands, of falls of timber, produce of the contract from gaming houses, profits from coinage, &c. t Lottery is, now abolished. • GOVERNMENT. 14* in his department. The treasury issues a mandate, or draws a draft, in favour of the paymaster, to be applied to a particular use ; the paymaster receives the money and exe- cutes the commission. Qttt as the speedy transition of the funds, from the public debtor to the public creditor, is. the great object of the government, a board is established, called the 'bureau de fonds,' for this special purpose. Every ten days the accounts of the receivers general are sent to this board, which thus knowing the funds that the state has to dispose of, in each part of the country, transmits a daily account thereof to the ministry, according to which, the public payments are regulated.* The different state establishments in each of the eighty-six departments, therefore, whe- ther military, clerical, or judicial, are defrayed, as far as possible, by the receipts of that part of the country in which they are situated.f The speedy collection, secure deposit, and * The minister, therefore, can see at a glance, what funds are disposeable in every part of the empire. f Bat, as this cannot ^always take place, a transfer of revenue is sometimes necessary; and this transfer is calculated to cost annually 2,900,000 frs. 150 CIVIL ADMINISTRATION. rapid payment of the public money, being thus provided for, the only remaining thing to desire, is the clearness and correctness of the accounts through which these different movements of cash are to be traced. The system of accounts in France, to which our attention was first called by Sir H. Par- nell, has since that time considerably occupied the attention of parliament ; and Dr. Bowring, commissioned for that purpose, has published reports that might be more clear and less voluminous perhaps, but which are still highly interesting and creditable to their author. The merit of the French accounts is in their system; a system which comprises the utmost detail on the one hand, and the utmost centralisation on the other. To effect this — the first thing necessary is that all accounts, based on a recapitulation of the most minute particulars, should be kept by all parties in certain similar and specified forms, and ultimately brought under one well devised central. The persons who receive for the receivers, the receivers, and the receivers general them- selves, must all then maintain a general journal and ledger, in which every transaction is first GOVERNMENT. 151 entered, as it takes place, and afterwards copied out in an organized shape under leading heads. The copies of these journals and ledgers, toge- ther with the statement for which they furnish the materials, are transmitted at short in- tervals to the ministry of finance, as are the receipts and vouchers of the paymasters. In that office they are entered, and centralised in the books of the cashier general, who is at the head of the receivers general, and in the books of the paymaster general, who is at the head of the paymasters. 'Thus, every fact, whether of receipt or pay* ment, is a matter of daily record and of ar- ranged report to the central financial authori ties; while the cashier's and general paymas- ter's accounts are again centralised by being brought before a board; called the 'compta- bilit£ g£n£rale!' which compares every state- ment and looks into every account. The Cour des comptes,* as a judicial board, acts finally as a check upon the ' comptabilit£ * This court h composed of a first president and of three presidents of chambers, of eighteen master coun- cillors, and eighty referee councillors, of a king's advo- cate and a chief clerk ; and was first organised daring the empire, in September 1807. 15* CIVIL ADMINISTRATION. g&ifrale/ which is purely a financial board ; and as the one sees whether the different trans- For its ordinary business, the court is divided into three chambers, each composed of a president and six master councillors. The first, or chief president, presides over the chambers united, or when he pleases, over any particular chamber. He distributes the accounts to the referees, and indicates the chamber to which they are to make their report. He has, in short, the general controul of his court and the three chambers. In his absence his place is supplied by the senior president of the other chambers. The presidents have the direction of the business of their respective chambers ; and distribute to the master councillors who form them, the affairs or the accounts of which they are to report. The referee councillors are charged with the verifica- tion of the accounts submitted to them, and may be -said to fulfil the duty of auditors as well as accountants. The king's advocate takes care that the public officers and receivers transmit their accounts within the period prescribed by law. He also sees that the chambers hold their sittings regularly, and that the referees do their duty. It is to him that the prefects address the public accounts of their departments when there are any disputes concerning them. The correspondence with the ministers for the excution of the decrees or orders of the court, is also entrusted to him. . The chief clerk receives the accounts and vouchers from the public officers, and has the charge of all papers. GOVERNMENT. 153 actions are rightly stated, so the other deter- mines whether they formally and legally took place. It is after this various superintendance that the public accounts come back at last, collected into the hands of the minister, by whom they were originally proposed, and who is charged with their defence. It is impossible, in so short a space, to do more than give "this general outline*, which will, however, suffice to show the main parts of that machinery by which the cash concerns of a mighty state are conducted with a pre- cision and regularity that is rare in the affairs of a private commercial establishment. It now only remains to notice the local expenses. These are in part defrayed by a portion of a general tax, proposed by the minister in his budget, and called centimes additionnelsf, a certain amount of which, set apart for such * I have endeavoured to disembarrass this statement as much as possible, from all minor details. f The centimes additionnels consist of 36 cents, on the land tax ; 36 on the personal and furniture tax ; 16 on the house and windows ; 4 on the patents. 154 CIVIL ADMINISTRATION* charges, is paid by the receivers to the pay- masters, who defray them. What remains is met by the budgets of the departments, of the towns of chef-lieu, and of the communes. The budgets of the departments have for re* ceipts the centimes additionnelles, which they vote as supplementary to those, I have al- ready mentioned, as voted for their use by the chambers. Their expenses are those" of the prefecture, central houses of detention, royal depart* mental roads, etc. The towns of chef-lieu have the same species of receipt and expense as the communes, and it is to the budget of the latter that we ought especially to look for local expenses. These budgets, which must be approved by the sub-prefect, if the commune has only 100 francs ordinary revenue ; by the prefect, if from 100 to 100,000 francs \ and by a royal ordinance, if above that sum, are all transmitted to the minister of finance, who has thus before him the whole expenses, local as well as general, of the kingdom. The revenues of the communes are ordinary and extraordinary. The ordinary revenues are : five additional centimes on each individual, claims GOVERNMENT. 155 on licences, fines for various misdemeanours, fines for non-service in the national guard, funds, customs, right of location in halles, fairs, markets, ports, walks, etc., fees for administration acts, income from woods, contributions to the service of the high- ways. The extraordinary revenues are : credit ba- lance of last account, interest of funds invested in the treasury, sale of moveables, immoveables or funds, legacies and donations, price of ex- traordinary cutting of forests, rates to supply deficiency of ordinary revenues, loans and accidental receipts. The disbursements of a commune are also or- dinary and extraordinary. The ordinary dis- bursements are expenses of local administration receivers, collectors, payeurs, etc. expenses of communalproperty, national guard and barracks, poor laws, public instruction, religion, public festivals and unforeseen expenses. The extra- ordinary disbursements are unusual expenses of administration, purchase of property, heavy re- pairs etc. extraordinary expenses of national guards, extraordinary expenses of public es- tablishments, public instruction or religion, payment of arrears, law expenses, accidental expenses, etc 156 CIVIL ADMINISTRATION. The hospitals and bureaux de bienfaisance, as far as they have funds of their own, form a separate budget. x The whole receipts and expenses 1832, were' as follows : RECEIPTS. EXPENSES. frs. frs. General budget, in which f are included the centimes . f i J additional, voted by the 1 i I departments . . . . ! 1,064,031,269 1,106,618,270 Budget of communes . . 161,786,000 147,574,775 Towns of chef-lieu -. . . 69,362,870 68,132,00$ Hospitals and houses of reception, either from gifts, legacies, or the like, and produce of the work - of persons employed . 51,222,063 48,842,097 Bureaux de bienfaisance* do 10,315,746 8,956,036 Total 1,356,717,975 1,380,123,178 JUSTICE. To the Minister of Justice is intrusted the organisation and surveillance of the whole judiciary system.f * Bureaux of charity. t The transmittal of ,all orders and instructions to the GOVERNMENT. 157 The judicial system in France, much ca- lumniated because little understood, is cer- tainly not so defective as we are apt to consi- der it, and contains a mixture of diffused and centralised power well worthy of attention. There is the authority that pursues and the authority that judges : we will consider each. The authority that pursues, is called " the public royal courts, and other tribunals for the execution of the laws and regulations promulgated. For instance, the correspondence with the advocates- general and advocates of the king-on all matters com- mitted to the surveillance of the minister. The duty of reporting to the king on matters of legis- lation, on the administration of justice, on the conflicts between the civil and judicial authorities, regarding natu- ralization, marriage, change of name, etc., as well as on matters regarding pardons, commutations of punish- ments, etc. The decisions of the courts royal, which pronounce or confirm the censure or reprimand of a magistrate, cannot be put in execution unless they have been approved by the keeper of the seals, who has the power to order into his presence the members of the courts and tribunals, as well as of their officers, to explain all the charges which may be imputed to them. The measures of discipline and regulation adopted by the courts and tribunals must also be submitted for his approbation, and without it can have no effect. 158 CIVIL ADMINISTRATION. ministry/' (le ministtre public) and is a great social power charged with the preservation of order and tranquillity, and the punishment of those by whom the laws, in respect to these blessings, are infringed. This power is, in fact, a personification of the community it protects. An individual is injured — the public ministry pursues the cri- minal, not for the sake of the individual, but for the sake of the public of which he forms a part; and the prosecution of course takes place at the public expense.* The public ministry though one, in its ob- ject, is composed of a variety of separate and divergent authorities. The principal of these are the procureurs-g£n£raux and the procu- reurs-du-roi. There are in France, twenty-seven courts royal and three hundred and sixty-five tribunals of the first instance : at the chef-lieuf of each * There may, however, be two parts of the same case, one public and one private. For instance, an individual has been robbed of £200 — the public ministry pro- secutes the robber for the crime — the person robbed pro- secutes him to recover the money. Here the ministry has nothing to do with the money — the person robbed nothing to do with the crime. f Capital GOVERNMENT. 159 of these courts royal there is a procureur-g6- n&al and at the chef-lieu of each department, a procureur-du-roi. All the procureurs-du-roi within the juris- diction of a court royal, are under the control of the procureur-g£n£ral, follow his directions, and act in his name. The different procureurs-g&i&aux are alto- gether independent of each other, and there would be no common bond between them but for the establishment in the centre of France of a minister of justice. This minister, however, has not in point of form, the power of forcing the procureurs-g£- nlraux to act as he wishes. Still, he has in reality this power, since he can deprive them of their office if they act contrary to his wishes. So far the whole machinery of the prose- cution is calculated for energy and force, and might be terrible as an instrument of despotism, if not placed under some efficient control. This control over the power that pursues, exists in the power that judges. The first is centralized round the executive authority, the second has a dispersed and in- dependent existence. ^^•*~ * "■ />*: .-- ■■•-• « « * ' 1 160 CIVIL ADMINISTRATION. The procureur-du-roi, who looks up to the procureur-g£n£ral $ the procureur-g^n^ral, who looks up to the minister of justice, may be considered one and the same person. But the procureur-du-roi, removeable at pleasure, can only bring the culprit before a magistrate who is immoveable, who has no orders to receive, either from the procureur-du-roi, or from the procureur-g£n6ral, or from the minister of justice, and this humble and simple magis- trate can at once disarm all the well organised and terrible force of the public ministry. The judicial powers are thus arranged : as every aLndissement has a procureuSu-roi, so every arrondissement has one juge des- truction* and two assistant judges. In the same manner, as every division has a procureur-g£n£ral, it has also a court royal, and in proportion to the facility and the power given to the executive authority for prosecuting the culprit, is the difficulty laid in the way of his being rashly and improperly condemned. The course of procedure is as follows : John Niles * The number varies according to the importance of the place, and the business there is to do; but there must be three at least. GOVERNMENT. 161 infringes the law — a police agent, or the party aggrieved, applies to a commissary of police, a chief of gendarmerie, a mayor, or a justice* of peace, or it may be to the procureur-du-roi. The procureur sends a minute of what has been stated to the juge destruction ; a sum- mons to appear, or an order to be brought be- fore the bench is issued against the accused. Here the juge destruction questions, examines, re- leases or commits him;f for without awarrant,no citizen can be confined more than twenty-four hours. When the juge destruction considers there is good ground for a prosecution, he endea- vours to find clear proofs of the supposed crime, and this stage of the proceedipgs is peculiarly liable to abuse. The juge destruction, with the natural bias of a lawyer, is too apt to feel a pride in placing the prisoner's guilt in the clearest light before the tribunal by which he is to be tried. He is, therefore, far more anxious to find precise proofs of the culpability of the accused than fear- ful to deprive him of liberty if he should be in- nocent. * The mayor is only where there is no commissaire of police, f The great fault of this proceeding is that it is private. 162 CIVIL ADMINISTRATION. When at last, however, he thinks his case as clear as it can be made, the prisoner is brought before the chamber of council — i. e. before three judges, of whom the juge destruction of the arrondissement is one. This court decides whether there is ground for proceeding with the cause or not. If the three judges decide in the negative, the prisoner is released ; but he may perhaps have previously endured eight or nine months' imprisonment without guilt. There is, however, a check on this abuse. Every month the juge ^instruction is obliged to state to his two assistants why he does not try the prisoners, and they can either admit o7overrule his reason. Sometimes this is a merfe form, since the three judges may be very good friends, and confide in each other. But if a prisoner is urgent for a quick trial, and the public shew interest in the matter, the judges apply to the case, and there is sel- dom avoidable delay. This part of the criminal law, however, requires reform — abuses may, and do, arise. The accused has thus had two opportunities of being released : one by the juge destruc- tion, at his first examination, the other by the chamber bf council. He has one more. The GOVERNMENT. 163 chamber of accusation, composed of so many members of the cour royale,* an independent, immoveable court, may still declare that there is no cause for proceeding to judgment. But should the" three courts concur in finding the prisoner guilty, he is then tried at the assizes. A member of the cour royale presides. A jury of thirty-six persons is chosen by ballot, from tax-payers to the amount of 200 francs, to which physicians, barristers, etc. have a right, on account of their profession merely, to belong. Before trial the pri- soner and the public accuser each strike off nine. The president is assisted by two fel- low members of the cour royale, who weigh- with him the due punishment of the offen- der, and any mistakes that may have arisen in the procedure. The procureur-g£n£ral opens the trial, states the grounds of pro- secution, names the witnesses, etc. The avocat-g&i£ral then appeals to the jury to do justice to the outraged community. After * A cour royale must be composed of at least twenty- four councillors, and is divided into different chambers—* one at least for civil causes, as I shall mention presently, one of correctional police, and one chamber of accusa- tion. 164 CIVIL ADMINISTRATION. which the president interrogates the prisoner— too often* with an evident desire to entrap, and convict him. Questions so put, justify the in- solence of the accuser, who sometimes answers impatiently and disrespectfully : thus taking from justice much of the awe, which, when gravely and impartially administered, it must inspire. The president next examines the witnesses. The prisoner and his counsel have the great advantage of cross-examining them, of rebut- ing or explaining the facts which they depose ; and, consequently, of dissipating every un- favorable impression at the very moment it arises ; but this advantage is more than coun- ter-balanced by the supposition on which the * The interrogation of the prisoner too often produces an unjust or a ridiculous effect. If the president is an able man, and the accused not so, the latter is too often self-convicted at the very outset of the trial ; and, if on the contrary, as sometimes is the case in political trials, the prisoner has more ability than his interrogator, he perplexes, confounds, crushes, degrades him, and robs of all dignity the prosecution by which society vindicates its rights. It would surely be more just, more reasonable* to hear the evidence against the prisoner, and let him rebut it as well as he could, and omit the interrogations al- together. Girod de l'Aine never questions the accused. GOVERNMENT. 165 whole trial proceeds, viz : that the prisoner is guilty until he is found innocent— and not, as with us, innocent until he has been proved guilty. After the witnesses have given their evidence, the avocat-g£n£ral sums up the facts against the accused, and endeavours to convince the reason and influence the passions of the jury. The prisoner's counsel then rises, and places his view of the evidence before them. The prisoner himself may now speak in his own defence, and is always allowed to speak last. The president should next sum up, with an im- partiality more desirable than common, the facts of the case. The jury then declare the prisoner guilty or not guilty. This is the extent of their office. The court determines the punishment according to law on the demand of the avocat- g£n£ral. I may mention that if the prisoner cannot pay a pleader, the president is obliged to appoint one, — who receives 10 francs if his client is condemned, and something more if he is acquitted.* f* It is a very common practice with the counsel thus assigned to give their fee to the poor client. This is a slight instance of good feeling among the French avocats, who are often men of great moral courage and worth. 166 CIVIL ADMINISTRATION. Should the president assign the first pleader in the court, common usage admits no demur.* Those infringements of thelaw which comeun- der the term '(telita? (or 'offences') in the French code— I have been speaking of crimes: are punished in a different and more summary way. The court of arrondissement, in which dfey oc- curred, deciding upon them at once, but sub- ject to an appeal to the cour royale ; — a jus- tice of peace or a tribunal of police can punish petty offences.f The courts which serve for the criminal are also used for the civil law. The justice of peace decides questions of trifling amount ; the court of sessions, consisting of the juge destruction and his two colleagues, decides finally all cases under 1000 francs, to check the spirit of litigation that would prolong trials of little consequence. The court royal, a court * This never occurs in Paris, where the young pleaders gladly exercise their eloquence for the poor ; but it does happen, not unfrequently, in the departments* The length of the trial, and the support of witnesses/ make criminal proceedings very expensive in France. It would seem just for the public to pay the expense of the innocent. f ' DSlits 9 (or * offences') of the press are an exception ; these are tried by a jury, or by the new law, if liable to be called ' attentats' (treason) by the chamber of peers. GOVERNMENT. 167 of appeal, to which may be carried all cases of more than 1000 francs, is final. But the mi- nister of justice may object to any decision that seems to him inconsistent with the written statute law. Formerly the parliaments were independent of each other ; each decided according to its own precedents and views. Their decisions therefore not unfrequently clashed ; the law in different provinces was not the same. To re- medy this abuse, the King, from time to time, declared in council that such and such a con- stitution of the law was the only true one. Of course this threw the law into the hands of the King and council. To secure the advantages without the defects of this system, was the origin of the court of cassation. If a decision in any civil or criminal case appears to the minister of justice contrary to law, he complains of it to the court of cassation. If this court declares that the cour royale has decided illegally, the whole case is referred to another tribunal. If the jury in a criminal, or the court in a civil cause decide contrary to the opinion of the court of cassation, that court assembles all its members, and reconsiders the case. Its first decision might be formed by half. If the full 168 CIVIL ADMINISTRATION. court of cassation confirms the first decree, the cause is carried before another court, and if this court decides as the two others, the cause is finished ; but the minister is bound to lay before the chamber in the next session a law to clear up the doubtful point. In civil cases the aggrieved individual prefers his complaint against the aggressor, except in the case of minors, idiots, persons absent, etc. ; for then the minister of justice is bound to speak in favor of the plaintiff after his advocate has spoken. In all other cases, the avocat-g£n£ral has a right, if he pleases, to state his opinion to the court ; he frequently uses this privilege, but is not obliged to do so.* Commerce has its separate tribunals, which, * There is also at Paris a court, consisting of a juge d'instruction and assistant, for the dispatch of affairs. It sits constantly in the Palace of Justice, and decides whether or no the person summoned before it ought to be committed or not. The case is then referred to ano- ther juge destruction. I may observe that the prefect of police, an office existing only in Paris, has a right of search in private dwellings, and can put any one under confinement for twenty-four hours. He cannot, however, imprison any one for a longer time without the authority of a juge d'instruction. — -1 GOVERNMENT. 1<& however, are still under the ministry and sur- veillance of the minister of justice. These tribunals exist in those arrondissements that require them.* They are composed of a presiding judge, of judges and supernumerary judges, all chosen among the merchants the most respectable, and named at a meeting of merchants. The King ratifies the nomination. The presiding judge must be forty years of age, and is chosen from the most ancient judges. The other judges must be thirty years of age, and have been engaged in commerce at least five years. The president and the judges remain but two years in office, and can only be re-elected after the interval of a year. Their functions are honorary .f Advocates are not allowed to plead before this tribunal, but any other person can plead if authorised. Custom has allowed certain persons to plead who are authorised and ad- mitted by the tribunal, under the title of agr€6, * In those arrondissements where there are no tribunals of commerce, the civil tribunals are applied to instead. f A clerk and attendant officer, named by the govern- merit, are attached to each tribunal. VOL. II. 1 170 CIVIL ADMINISTRATION, an individual as the name would imply, whose duty it is to bring the disputing parties to an amicable settlement or agreement. The tribunals of commerce take cognizance of — first, all disputes relative to engagements and transactions between merchants and bankers, and between all personal disputes into which commerce enters. Secondly, all dis- putes between commercial agents and their principals ; and thirdly, all disputes that con- cern bankruptcy. The decisions of this court are final in cases not exceeding 1000 francs, (or J640) and in other mercantile cases, where the parties beforehand forego their right of appeal $ other- wise the appeals from the tribunal of commerce are carried to the court royal of their districts. Such is the French judicial system, liable to abuses, as all institutions are, and more essen- tially subject to those abuses which are not abuses of the law, but against the law, resulting from the mind and manners of the people by whom and for whom it is exercised. These are principally the detention of crimi- nals on inadequate proofs, (though the frequency of this is rather exaggerated) and the bias too frequently seen in the mind of the judge in favor of that power to which he owes his au- thority. GOVERNMENT. 171 A great contempt for personal liberty, and a strong leaning towards the executive govern- ment result necessarily from the history and habits of the French ; and to that history and those habits the present generation must at all events be subject. But a time, I hope, will come when a new generation educated in new ideas will put this machinery in motion with a different spirit. The following remarks may not be without interest. The expenses of justice amount to about 3,632,000frs.* distributed amongst : 1. Persons brought before the cor- rectional tribunal . • • 35,486frs. 2. Brought before the Cours d' As- sises 7)315 „ 3. Liberated by the chambers of conseil. .... 10,044 „ 4. By the chambers of accusation. 779 „ Total. . 53,620frs. Giving an expense of about 56frs. 55 cents, by individual. In 1833, the number of persons arrested and dismissed without trial by the chambers of * The charge is 3,300,OOOfrs.; but of this a certain sum is subject to recovery. 12 172 CIVIL ADMINISTRATION, conseil, endured a captivity of 7*910 months; by the chamber of accusation, 1,670 months. Again the persons judged by the correctional tribunals were condemned to 34,490 months imprisonment. The persons judged by the courts of assizes, 26,350 months. Total 70,420 months, i. e. 5,869 years. From this statement, we see the number of persons dismissed without trial, and the time of their imprisonment ; the number of persons brought up to trial, and the time of their con- demnation ; and lastly by comparing the num- ber of individuals in prison with the number of months of their imprisonment, and allowing an expense of about 27frs. 10 sous* to each individual, and adding that to the 56frs. 55c. already mentioned, we shall make the sum of 2*7 fr* 10c" v **9fra. 5c.f as the average cost of every person arrested. ♦ See reports of the minister of justice and budget. t This is higher than the estimate allowed, viz : 200frs. for each individual — but I add to this the pre- sumed cost of maintaining the buildings of administra* tion, &c. fcOVtiRNMENT. 173 POLICE. As a fitting instrument of the public minis- try, which pursues the crime, is the ministry of police which watches and apprehends the criminal. At the head of this ministry is the minister of police,* who has in the department of the Seine an active agent in the prefect of po- lice. And, indeed, as it is chiefly in Paris that the business of minister of police lies, the officer, subordinate to him in the capi- tal, is an important personage, and almost a minister himself. Under his inspection are placed all the pri- sons in the department of the Seine, all the gambling establishments, all the houses licensed for prostitution. He sees that peace is pre- served at the markets, and in places of public worship — attending in every thing to the clean- liness and good order of the city. He can order searches in private houses, arrest, in urgent cases, and take any means he may think proper to disperse or prevent * The functions of minister of police are for the mo- ment absorbed in the department of the minister of the interior ; still they are to be considered as attached to a separate department. 174 CIVIL ADMINISTRATION. numerous and tumultuous meetings, and at once seize, and commit all persons taken en flagrant ctelit, (in the fact.) The officers under him, are : Les commissaires de police. (Commissaries of police.) Les officiers de paix. (Peace officers.) Les commissaires de police de la Bourse. (Commissaries of police attached to the ex- change.) Les commissaires de la petite voir^e. Les commissaires et inspecteurs des halles et marches. (Commissaries and inspectors of the market halls and public markets.) Les inspecteurs des ports. (Inspectors of harbours.) In the provinces, except under peculiar cir- cumstances, such as that of La Vendue, the police rarely acts, save in its subordinate capa- cities ; but in all cases the prefects of the depart- ments execute in their respective juridictions the duties that would be required from a prefet de police; and the provincial agents of this ministry are placed under them. The whole service centralizes itself in Paris in two bureaux — the one relating to the action of the police, and the other to its adminis- tration. GOVERNMENT. 175 The duties of the minister too, are of a double nature : Those relating to the criminal police. Those relating to the political police. As the head of the criminal police, the gen- darmerie,* the pompiers, and that class of per- sons which would answer to our description of Bow Street runners, are at his orders : as the head of the political police, he directs and corres- ponds with an army of spies, taken from every class of society and to be encountered in almost every scene of life. The system of passports over which he presides affords to his functions, where exercised for the preservation of pro- perty, a peculiar efficiency, which though ob- tained at the expense of personal liberty, the citizen, long accustomed to it, is willing to purchase at that price. But his most despotic and as it is called important employment is that of watching over the safety of the state ; — which is in fact prying into the conduct of every individual, who can be supposed hostile to the administration in power. Strange to say, this practice, abominable * This force, centralized in the ministry I am des- cribing, follows the division of other parts of the French administration ; every arrondissement has its troop— every chef-lieu its colonel. 176 CIVIL ADMINISTRATION. and useless as it is, has been preserved through a long series of years, and under almost every species of government without interruption. Introduced into France by Louis XI, and re- sorted to by the Medici against the protestants, it was soon after systematized by Richelieu, and pursued with equal ardour by the timid and crafty character of his Italian succes- sor. Louis XIV, Louis XV, and even Louis XVI, continued it, and indeed, one of the first de- mands of the National assembly was the abo- lition of a bureau* called especially bureau du roi, and which was charged with the shameful duty of opening private correspon- dence. The government of the Convention, through the system of espionage was never perhaps more infamously practised than by itself, dis- avowed the principle of that violation of so- cial confidence, as it did indeed the principle of all its tyrannies. But the unblushing Direo * A curious set of documents, found in the Bastille in 1789, were afterwards published, and among other curi- ous facts, it was discovered that in one year, and in Paris alone, two hundred priests had been caught fla- grante delicto. — 1 GOVERNMENT. 177 toiy avowed and justified it, and Bonaparte multiplied its dignities and duties in a manner almost ludicrous. Then came the Restoration keeping the country in a perpetual state of alarm by plots supposed^ sought after, and undisco- vered : and now, the new government is almost as active as its predecessors, in the pursuit of every paltry intrigue; and yet, did all the agents of Napoleon discover the conspiracy of Mallet ? Did all the agents of Monsieur de Polignac breathe a warning whisper of the re- volution of July ? and here again, under the go- vernment of Louis-Philippe, Don Carlos quietly traverses his kingdom, and an Italian adven- turer almost succeeds in blowing up his family and his court ; and even M. Thiers — the clever, active, indefatigable M. Thiers— is just as wise as the rest of the world about the matter. INSTRUCTION. As the system of public prosecution is con- ducted under the title of 'ministere public/ so the system of instruction, which in France is also an affair of the state, is conducted in the name of c the university 5 — the minister of i3 178 CIVIL ADMINISTRATION. instruction* being appointed the grand-master thereof. The university/ to adopt this expression, is charged exclusively with the care of teach- ing ; and no school of any description can be carried on without its express authorization.f Under the minister of instruction then, there is the c conseil royal de l'instruction publique/ J composed of six members, whose duty it is to superintend every thing relative to the ex- penses required by the public establishments, as well as the books to be used and the course of education to be followed therein. Such being the central board of administra- tion, France is divided into divisions of instruc- tion called ' academies,' (academies) which are situated in the chefs-lieu of the different courts * The minister of instruction is also minister of re- ligion; but there remains little for me to say upon that subject. f In order to keep in use the regulations prescribed by the university, whether of discipline or teaching, there are two inspecteurs-ge'ne'raux who are charged with the continual examination and inspection of the different establishments for education — both in respect to the mas- ters or pupils. X The royal council of public instruction; GOVERNMENT. 179 royal, and every academy has a governor acting as minister of instruction in his cir- cumscription, and assisted by a c conseil aca- d&nique/ (academic council) answering to the ' conseil royal/ (royal council) at Paris. The different public establishments within each academy are classed under one of the following heads : 1. The faculties. 2. The royal colleges. The communal colleges. 3. Institutions and schools (private establish- ments.) 4. Primary schools (public or private.) The establishments for instruction being thus classed, instruction has also its classi- fication. Superior instruction.* Secondary instruction. Primary instruction. Superior instruction consists in the faculties, divided into classes of theology, droit, m£de- cine, science, and letters which confer the de- * There is also attached to the department of supe- rior instruction, eighteen secondary schools of mede- cine, and one establishment for the instruction of pro- fessors at Paris. 180 CIVIL ADMINISTRATION, grees of bachelier, licenci£, and docteur, (bache- lor, licenciate, and doctor). The places where the faculties are taught, answer to our universities : — of these there are in France 35. Instruction secondaire (secondary instruction) consists, in philosophy, natural history, ele- mentary mathematics, latin, greek, foreign lan- guages, &c. These are taught in the royal and com- munal colleges, which answer to our public schools; and in some of the private estab- lishments I have mentioned. There are in France : Royal colleges, 39. Communal colleges, 320. Private colleges, 2. Private institutions, 120. Small private schools, 1,025. Primary instruction is divided into two branches, primary superior instruction, and primary instruction. The first consists in reading, writing, summing, history, geography, and some notion of chemistry and surveying. The second, simply in reading, writing, and summing. GOVERNMENT. 181 There were in 1832 fifty schools for the education of masters of primary education, and sixteen more were then about to be formed : the number of primary schools is upwards of 45,000 ; of which, nearly 32,000 are com- munal ; the rest are private. In these different establishments there are masters, about 10,000. Scholars : Superior instruction .... 16,303 Secondary instruction. . . . 7 1*036 Primary instruction .... 1,935,624 2,062,963 By comparing the number of pupils with the sum expended in secondary and primary in- struction, (board of course not included) Every pupil at a royal college re- ceives his education for . . . 162f. 65 commercial college . 87f. 17 ■ ■ — primary school . . 4f. 15 The royal colleges are supported by their own funds, by a grant from the university and by a royal donation of 601,500frs. which go to the education of scholars who dis- tinguish themselves. 18i CIVIL ADMINISTRATION. Communal colleges are supported by any funds they may possess, and by departmental, and communal contributions. It is endea- voured to have one of these colleges in each arrondissement.* The funds then applied to the general ex* penses of instruction proceed from the vote of the budget — the monies belonging to the university, now consolidated and left at diffe- * Primary instruction is paid by the communes, by the department s, and by the state. Every commune is obliged, either by itself or by uniting with another com- mune, to have at least one school of instruction primaire. All communes having more than 6000 inhabitants are obliged, besides, to have a school of instruction primaire superieure and every department is obliged, either by itself or by uniting with another department, to have a normal* school of primary instruction. In the elemen- tary schools, all the pupils that the municipal council de- clare incapable of paying, receive instruction gratis. In every primary superior school, there are a certain number of places given to pupils who cannot pay, and who distinguish themselves in examination. A committee is appointed in every commune, and in every arrondissement to overlook, and assist the in- struction of their particular district. Much of this is stated in the Introduction, Vol. I. France, Social, Li- terary and Political. * A school for the education of schoolmasters. GOVERNMENT. 183 rent times to former establishments, for the purposes of education — the revenues of the royal communal colleges — and the votes of the conseils-g£n£raux (general council) of the de- partments, and of the conseils-municipaux (municipal council) of the communes ; and these funds, most of themcalled for by the government, are all applied under the regula- tions of the government towards the attainment of the object in view.* COMMERCE. The minister of this department, whose func- tions have also been sometimes appended to those of the minister of the interior, had his duties fixed in 1814, and presiding over every thing connected with commerce, except its tri- bunals, is the centre of a variety of chambers created for the purpose of promoting commercial and manufacturing interests. * Besides these establishments dependent upon the university, there is, independent the * college of France,' of which the professors, named by the minister of in- struction on a double presentation from the establish- ment, and the Institute are so justly celebrated. 184 CIVIL ADMINISTRATION. There are, for instance, in the great com- mercial and manufacturing towns, chambers authorized by the King, and composed of a certain number of merchants called " cham- bers of commerce."* The duty of these chambers is to make known to the minister, with whom they directly correspond, their views both as to what would improve, or as to what injuriously affect the commercial interests of the towns they belong to. There are also chambers of a similar nature, called " chambers of arts and manufactures," which have for their object the improvement of manufactures by the experiments of art and science. The u council general of commerce" is a more central council resident at the seat of go- vernment, composed of one person from each chamber of commerce, and of twenty persons from among the principal merchants of France. This council expresses its opinion to the mi- nister on all questions of legislation or admi- * When these chambers are in the capital of a depart- ment, they are presided over by the government ; other- wise, their president is the mayor of the commune. RS^m GOVERNMENT. 185 nistration relative to the commerce of the country, and is consulted on all laws that are introduced in respect to this subject. Paris names eight, Lyons, Marseilles, Bour- deaux, Nantes, Rouen, and Havre, two. There is then the " conseil g£n6ral des manufactures" composed of twenty members named for three years by the chambers of arts and manufactures, and of forty members named by the minister of commerce with the approba- tion of the King.* This second council holds the same situation in respect to manufactures that the council does to commerce. The " conseil sup&ieur de commerce" is a small body of twenty-four persons named by the King, a sort of privy council for the mi- nister, who can consult it in respect to the demands or views of the two other councils which are representative. Thus the whole system beginning with the chambers of commerce and manufactures, con- tinues centralizing, through the councils of commerce and manufactures, and then through * Ten members of the council of commerce belonging to the manufacturing town, also have the permission to enter it. 186 CIVIL ADMINISTRATION. the conseil superieur de commerce until at last it arrives at the minister himself. THE MINISTRY OF THE INTERIOR. The duties of this functionary* resemble, in a great measure, those of our secretary for the home department, and when stripped of the ac- cidental functions he is now invested with, his office is pretty well confined to presiding over the administration of the interior. France, as we know, is divided into depart- ments, which are subdivided into arrondisse- ments, which are re-divided into cantons and communes. * The office of minister of foreign affairs can offer no details necessary to elucidate this subject. That of minister of public works is now also engrossed by the minister of the interior ; but I have not thought it ne- cessary to enter into details of this department which is pretty well explained by its title, and answers to our minister of the woods and forests, with this exception, that the public roads are under his management and that all buildings erected, even by the communes, for public purposes, must have their plans submitted to his sanc- tion. GOVERNMENT. 187 There are for each department : 1. A prefect, a council of prefecture, and a council general of department. There is for each arrondissement, except in that in which the prefect resides, A sub-prefect, and under the immediate orders of the prefect. A council of arrondissement. In each commune there is a mayor, or chief magistrate. One or more adjuncts or deputies. A municipal council. I proceed to detail the various functions of these authorities, commencing with the de- partment. The Prefect in France, named by the King, is at the head of the administration of every department, and in centralising the go- vernment of the province, he is one of the links in the central government of the coun- try. His duty is to see that the laws are obeyed. He has the power to suspend from their func- tions, the mayors of the communes and their substitutes, and himself dismissable at plea- 188 CIVIL ADMINISTRATION. sure, is controlled by the minister of the in* terior only*. The council of the prefecture, named also by the King, is the prefect's council, with whom he advises, and over whom he presides. This body decides all disputes or difficulties between the undertakers of public works and the administration, as well as all damages due to private citizens from the erection of roads, &c. It has also the management of all national property in the department. By the side of this assembly there is another — more popular, viz. the council general;—- composed of the same number of members as there are cantoris in the department, with this exception, however, that it must not contain more than thirty members. A member of the general council is elected in each canton by an electoral assembly com- posed of electors and citizens who are on the jury list. If their number is under fifty, the complement is formed by calling to vote such * His salary sometimes amounts to 80,000 francs. His office, therefore, is one of the most eagerly sought after, and bestowed only on persons in whom the govern* ment can implicitly confide. GOVERNMENT. 189 other citizens as pay the greatest proportion of taxes.* To be eligible to the council general of the department, the party must be in the enjoy- ment of all civil and political rights. He must be twenty-five years of age, and have paid, for a year and upwards, 200 francs, (£8.) of direct taxes. The King can dissolve a council general; in which case a new election must take place within three months from the date of the disso- lution. The council meets once a year; its sittings are not public, and cannot exceed fifteen days in duration. The duty of this assembly is, as I have said, to divide the direct contributions of the depart- ment among the arrondissements, and to deter- mine the demands for reduction made by the different councils of the arrondissements, cities, * In the departments, which have more than thirty cantons, the extra number is joined to others who elect their representative. Public functionaries, salaried by the government, can- not be nominated members of the general council. The members are nominated for nine years, and are re- newed by one-third every three years. The members are re-eligible. 190 CIVIL ADMINISTRATION. ' burghs, and villages under its control. It also, as I have shewn, regulates, within the limits al- lowed by law, the number of additional centimes of which the imposition is required for depart- mental expenses ; receives from the prefect an account of these sums, and expresses its opinion of the state and the wants of the department, in an address to the minister of the interior. The duties of the sub-prefect resemble those of the prefect, but are confined to his own arrondissement. The sub-prefect receives his orders from the prefect, and is accountable to him for their performance. In each arrondissement, over which the sub-prefect presides, there is a council com- posed of as many members as there are can- tons in the arrondissement. The councillors are elected in these cantons by an electoral assembly, composed in the same manner as that which elects the councils genera] of departments. The qualification requires the persons so elected to be aged twenty-five years and up- wards, to be in the enjoyment of all civil and political rights, and to have been paying in the department, during a year at least, 150 francs (j£6.) of direct contributions, one-third SF»= GOVERNMENT. 191 of which must have been payable in the arrondissement, wherein their domicile has been.* This council assembles once a year, at periods fixed by the King. The session cannot be more than fifteen days ; being ten days before and five days after the meeting of the council- general. The direct taxes are distributed by the arrondissement among the villages and burghs in its jurisdiction, as in the council-general; the direct taxes of the department are appor- tioned amongst the arrondissements.f The council of the arrondissement also replies to all demands for diminution in their burthen, made by these villages and burghs. It listens to the annual account of the sub- prefect as to the employment of the centimes additionnels for the local expenses of the de- partment, and expresses an opinion on the wants and wishes of the arrondissement. In the commune there are — a mayor and two adjuncts — chosen from the municipal council. * The same disqualifications which apply to members of the council-general apply also to councillors of the arron- dissement. t See Finance. 192 CIVIL ADMINISTRATION. and named by the King in the chef-lieu of an arrondissement, and in all communes where the population exceeds 3000 inhabitants. In the other communes these officers are named by the prefect. The appointment is for three years, and the persons nominated must be twenty-five years old, and have their domicile in the commune.* Every commune has a municipal council, (the mayor and his adjuncts, are comprised.) This council consists of ten members, where the commune has no more than 500 inhabitants. Of twelve, where the commune contains from 500 to 1,500 inhabitants. Of sixteen, where the commune contains from 1,500 to 2,500 inhabitants. Of twenty-one, where the commune con- tains from 2,500 to 3,500 inhabitants. * PERSONS DISQUALIFIED TO SERVE. The members of the courts and tribunals of the first in- stance, and justices of the peace. The ministers of any religion. The officers of the navy or army in service. The engineers on service. The financial agents of the administration. The commissaries and agents of police. The mayor sees that public order is maintained, and the laws executed. GOVERNMENT. 103 Of twenty-three, where the commune con- tains from 3,500 to 10,000 inhabitants. Of twenty- seven, where the commune con- tains from 10,000 to 30,000 inhabitants. Of thirty-six, where the commune contains 30,000 inhabitants, and upwards. The council municipal is chosen by the electors of the commune. The electors of communes are the most imposed among its inhabitants in the following proportions. For communes of 1100 souls and under, one-tenth of the population. This number will increase by five for every one hundred inhabitants above 1000 up to 5000. By four for every one hundred above 5000, up to 15,000. By three for every one hundred above 15,000. Besides the persons voting on account of their taxation, the members of courts of law, justices of peace, members of any chamber of commerce, or council of Prud'hommes; of any commission of colleges, or charitable establishments; all officers in the national guard, all members and correspondents of the Institut, all doctors of law, science or medicine; all advocates or notaries, all an- VOL. II. K 104 CIVIL ADMINISTRATION. cient functionaries of state, all officers of the army or navy receiving pensions ; all scholars of the polytechnic school declared, on quitting, admissable to the public service, and who have resided a year in the commune; all persons voting for the elective deputies of councils* general of the departments, whatever be their contributions in the commune — all these vote as communal electors.* The council of the commune is elected for six years (the members being re-eligible), and it is renewed by one half every three years. The King, however, can dissolve it at any time, and a re-election must then take place within three months. It sits four times a year, and each sitting may last for ten days. The business of this body is to investigate the wants, and provide for the expenses of the commune ; and in this, its jurisdiction is pre- scribed by the obligation of a definitive sanc- tion, either from the sub-prefect or the prefect, who depend upon the central government, or from the minister of the interior himself.f * The council municipal must be chosen from the list of the electors of the commune, and three-fourths must at least be domiciled within it. f See Finance. sai GOVERNMENT. 195 Thus we see a perpetual series of links — the mayor in the commune, the sub-prefect m the arrondissement, the prefect and his council in the department, all connecting the adminis- tration of the village with that of the empire ; and lastly, in the very circumstance where men may be supposed most free, viz. the expen- diture of their own money, they are subject to a control, which is sometimes advantageous in preventing their extravagances and mistakes, but which can never form their judgment.* * The minister of the interior is at the head of the civil force of the country, i. e. the national guard ; but this is mentioned subsequently. K 2 MILITARY ADMINISTRATION. CHAPTER X. The Army— The Legion of Honour — The National Guard. MINISTER OF WAR, btc. I now come to that part of the public ser- vice where centralization is most wanted, and its construction most perfect:— I mean the Army. The minister of war in France contains within his jurisdiction, the direction of every branch of the military service. The armament the recruitment, the discipline, the punish- ments, the movement, the victualling of the troops, all come under his inspection and form the rays as it were that centre in his control. In his office there is to every kind of service and species of administration, its separate superintendence ; — under the following terms : I. Direction du cabinet du ministre. GOVERNMENT. I9f 2. Direction des archives or du d£p6t de la guerre. 3. Direction de l'infknterie. 4. Direction de la cavalerie. 5. Direction de Fartillerie. 6. Direction du g&rie. 7. Direction de la justice militaire. 8. Direction des mouvemens de troupes et des transports et convois. 9. Direction de l'intendance militaire. 10. Direction de la comptabilit^.* All these boards thus concentrated in the ministry of war, correspond with two great administrations, viz. Des divisions militaires; des in tendances militairesf — administrations disseminated throughout the kingdom — which for this purpose is divided into sixteen juris- * 1. Direction of the cabinet of the minister. 2. Direction of the archives or of the depot of war. 3. Direction of the infantry. 4. Direction of the cavalry. 5. Direction of the artillery. 6. Direction of the engineers. 7. Direction of military justice. 8. Direction of the movement of troops, transports, convoys, &c. 9. Direction of the military intendance. 10. Direction of accounts. + Military divisions and military intendances. 108 MILITARY ADMINISTRATION. dictions, each of which has two sub-jurisdic- tions, formed ordinarily of a department. " The military divisions," as they are called, have altogether a military character; at the head of each is a lieutenant-general, who has under him at the head of each sub-division a mar£chal-de-camp. The lieutenant-general has the control and inspection of all the troops within the sphere allotted to him. Their re- cruiting, their exercise and instruction, their police and distribution into garrisons and de- tachments; cavalry, infantry, artillery, engi- neers, (gendarmerie, even, though that force is set in motion by a separate authority) are all and equally under him, and he reports from time to time to the ministry of war, the numbers, and discipline; everything in short relating to the force of the troops under his command. These reports are made under their special heads, and go accordingly to the different direc- tions allotted to them in the war office. The chiefs of these directions make a re- port thereupon to the minister of war, and he sometimes decides himself, sometimes takes the advice of the King, respecting them. The military intendances are the civil admi- nistration of the army ; and are directed by __^J GOVERNMENT. 199 intendants and sub-in tendants stationed through the country, in the same manner as the generals and mar£chaux-de-camps. Thus the intendant general resides in the same town as the lieute- nant-general, and the sub-intendant in the same town as the mar£chal-de-camp. There are as many intendants therefore as divisions, and as many sub-intendants as sub- divisions. The intendant, in the same manner as the lieutenant-general, communicates with all the corps stationed in his district and with the minis- ter of war respecting them ; but his functions lie wholly in the details respecting the pay and commissariat of the army, the purchasing and accounting for all victuals, etc. etc. His communications on these subjects pass through the bureaux de coniptabilit£, (boards of accounts) the financial board of the war office ;— and are there submitted to the minister of war himself, who usually confers upon them with the King. Thus, every thing relating to the army, arrives at the minister of war by two channels ; the one relating to the military and the other to the economical part of the service. The* separate reports he thus receives, he can compare together, and in this manner pretty easily acquaint himself not only with the efficiency of the parties reporting; but also 200 MILITARY ADMINISTRATION* with the actual state of the army in the district referred to. The report of the general specifies the numbers of the troops in his division ; the report of the intendant, the pay, provisions and expense ; one account checks the other. But in order to have some still further check upon these officers themselves, there are appoint- ed inspectors-general; officers of the rank of lieutenant-general or mar£chal-de-camp, who are sent every year into the different divisions. The inspector-general examines into every part, military and economic of the service, enters into the minutest details, passing seven or eight days with each regiment. There he receives every man from the colonel to the private soldier; listens to all complaints and demands, and reports in the fullest manner on what has passed to the minister of war, who thereby sees the accuracy of the state- ments already made to him. The army of France forms so interesting a part of the power and policy of that country, that perhaps it will not be uninteresting if I go into further details respecting it. COMPOSITION OF ARMY. The French army is composed of infantry, cavalry, artillery, and engineers. The infantry is divided into infantry of the (Ai^iM-iBBni _J GOVERNMENT. 201 line, and light infantry. The infantry of the line consists of sixty-six regiments, each of three thousand six hundred and twenty men, in four battalions of eight hundred and sixty- two men each. A battalion has eight com- panies of one hundred and eight men, to each of which are attached a captain, a lieutenant, and sub-lieutenant. There is attached, be- sides, to each of these regiments a company called — ' hors-rang' (out of the ranks)— com- posed of the servants of the small staff, the musicians, the master workmen, etc The light infantry is composed of twenty- one regiments, each of three battalions only.* The cavalry is divided into the ( cavalerie de reserve/ 'cavalerie de ligne, et cavalerie le- ghre.'\ The cavalry of the reserve comprises two regiments of carabineers, and ten of cuirassiers : every regiment being nine hundred and sixty men, and seven hundred and sixty-nine horses, * In the epaulettes of the officers there is also a trifling difference ; those of the line are gold, those of the light infantry silver. This forms the sole difference between the light infantry and the infantry of the line, with the exception that the light infantry uniform has yellow, that of the line red, facings. f Cavalry of reserve, cavalry of line, and light cavalry. k3 202 MILITARY ADMINISTRATION. strong. The regiment is divided into six squadrons, each squadron being commanded by a captain commandant, a second captain, two lieutenants, and two sub-lieutenants. A 4 chef d'escadron' has two squadrons under his com- mand. The cavalry of the line consists of twelve regiments of dragoons, and six regiments of lancers. The only difference between these regiments and the others, is the circumstance that they are stronger in numbers ; their effec- tive being one thousand and fifty-six men, and eight hundred and sixty-five horses. The light cavalry consists of twelve regi- ments of i chasseurs' and six of hussars. These regiments have the same divisions and force as the lancers. The artillery has eleven regiments of four squadrons each. Each squadron has four bat- teries ; the numerical force of these regiments is of two thousand men, and one thousand horses. The engineers have three regiments whose strength is the same as that of the light in- fantry. A train company is attached to each of these regiments ; there is also a batallion of ( pontonniers 9 whose duty it is to construct bridges, etc. during war; six train squadrons of park artillery ; and a train corps for mili- GOVERNMENT. 203 tary equipages ; but as these bodies are only useful in time of war, it is impossible now to state their effective force which varies with the expectation of their being wanted. There are, besides what I have mentioned, a number of corps that also form part of the army, but which are stationary and not destined for active service. The 'gendarmerie which forms the police municipale, (municipal police) are spread in the sixteen great divisions I have mentioned over the whole surface of France. The companies of veterans do duty in forts. The company of 'garde cotes 9 (coast guards) are stationed at sea-ports. The municipal guard of Paris abides there under the orders of the prefect of police. The company df douaniers> (Custom-house officers) are in the service of the custom house. Other small bodies might also be mentioned of a similar character. RECRUITING. Such being the composition of the army, it is recruited in two manners ; by conscription (appels) or by voluntary enlistment. The calls are made once a year in virtue of a law, which the chambers pass, and which is approved of by the King. This law calls under the tricolor from sixty, to eighty thousand men 204 MILITARY ADMINISTRATION. per annum, according to circumstances, and the government distributes between the de- partments the proper contingent of each to. the general levy. At the commencement of the year, the different mayors meet at the chef- lieu (chief town) of their arrondissement bringing with them all the young men belonging to the several communes, who have completed their twentieth year; the sub-prefect, who administers in the arrondissement, having already prepared a list for that arrondissement containing the names of the young men liable to the con- scription. After the effective of the contingent is determined, and the number which each canton is to supply ascertained, the young men inscribed on the list proceed to draw lots, and the first names that come forth are those to be enrolled. A short time after this, how- ever, a council of revision is held, at which claims for exemption and other objections against the service are heard. A final list is then made out, and the individuals, whose names are found in it, are subsequently and definitively called to the ranks of the army in virtue of a royal ordonnance. The military authorities then direct the young soldiers by detachments, more or less considerable, to the corps of which they are GOVERNMENT. 205 to compose a part. Arrived at their destina- tion they are incorporated in the companies or squadrons, so as to be properly mixed with the ancient soldiers. Their uniform is given to them, and, on the first review of the regi- ment, they are brought forward to take an oath of fidelity to the King, to the country, and to the tricolored flag. The form of the oath is, " Je jure d'etre fid&le au roi, k Thonneur et & la patrie, et de ne jamais abandonner les drapeaux 1*" The transformation of the pea- sant, the artisan, the labourer, or the 'bour- geois* is now complete !f The legal duration of service in the army is seven years.J At the expiration of that period the soldier receives his discharge, and generally returns to his native district, and former employment. Some, however, re-en- gage in the army for two, or four years, but * I swear to be faithful to the king, to the honour of the country, and never to quit my standard. t None are admitted to the army who have been con- demned for any disgraceful offence. X About one sixth, it is calculated, re-enlist for two or four years. These receive a bounty of 22 francs, for two years, and 44 francs for four years ; besides, 8 centimes per day additional, after two years' service, and 10 cen- times after six. I speak of infantry of the line. The other corps receive something more. 206 MILITARY ADMINISTRATION. these are generally of a class who would find it difficult to gain their livelihood in another manner. The conditions of voluntary enlistment differ in no way from the conditions imposed on the soldier by conscription. Like him, the volunteer cannot retire from the service during the period of his engagement, till he has found a proper substitute. During the times of peace the number of volunteers is small. But, in war, or at a whisper of war, the military spirit of France revives. Immediately after the revolution of July, sixty thousand rushed to the national standard.* In 1832, there were eleven thousand nine hundred and eight volun- teers, of whom, one thousand three hundred and fifty-five were from the department of the Seine. In 1883, there were but five thousand five hundred, and ninety-one— of whom, eight hun- dred and thirty-nine came from the depart- ment of the capital. The persons so engaging, in time of peace, are naturally men for the most part with- out employment, persons whose enterprizing * Most of these, on the chance of war disappearing, purchased substitutes. GOVERNMENT. 207 and adventurous character has already em- barked them in scrapes ; but sometimes young men of respectabihty, wishing to enter the military career without undergoing the dis- cipline of the military schools, engage in this humble manner. The sons of the greatest and richest families of France, of dukes and peers, have not dis- dained to arrive at the rank of an officer, by passing through the duties of a common soldier. And this not in appearance merely, but in reality. Many are the instances that could be cited of these young gentlemen doing their duty in every respect as a private of the ranks ; supporting the severest fatigues and privations 3 currying their horses, cleaning their stables, and carrying the forage om their shoulders ; nor is it extraordinary to meet in a soldier's room, the descendant of a noble family and the bearer of a great name, sharing his bed with the son of one of his domestics. These examples were frequent under the res- toration—more so immediately after its over- throw : — not so frequent at the present time. THE PAY. The pay of the army is much the same now, that it was prior to the revolution of 308 MILITARY ADMINISTRATION. 1^89. The necessity* for a great army, and the difficulty of supporting a great expense, made this almost a matter of course ; and under these circumstances it has even required an effort to keep up the ancient scale. The pay then of the officer and the soldier, the former perhaps has the least to complain of, is in France as elsewhere, but a miserable pittance for the services he has to perform, and the station he ought to maintain. At the present moment the grade of a ' sous- lieutenant' of the line — a rank equivalent to our ensign or cornet, is 1500 francs per annum, in the foot regiments, and 1725 francs in the cavalry. This is about the salary of a secondary merchant's junior clerk.* The pay of all the other superior officers is in the same proportion, as that of the' sub- lieutenant. A colonel has 6,250 francs per annum in the infantry, and 6,875 in the cavalry. A lieutenant-colonel 5,275 in the infantry, and 5,875 in the cavalry. A chef-de-bataillon or d'escadron 4,500 in the infantry, 5,000 in the cavalry. INFANTRY. r™+*\ no 5 lst c l ass > 3,600 francs, captains. ^ 2nd das ^ SfiQQ ^^ See Manual Legislation Militaire. — 1 GOVERNMENT. 209 CAVALRY. p f . J 1st class, 3,750 francs, captains. J 2nd ^^ ^ 45Q dittQ T . . , fist class. 2.175 francs. Lieutenants. { 2nddaa ^ ^ ditto . A marshal of France has 40,000 francs ; a lieutenant-general, if commanding, 40,000 frs. ; if not, 15,000 in peace, and 18,750 in war; a mar^chal-de-camp has 10,000 firs, in peace, and 12,500 in war. It is to be remembered that commissions are not purchased, and that, therefore, the pay, such as it is, which the officer receives, is whol- ly reward for his services, and not interest for his money. As to the soldier, his cost to the state cannot perhaps be exactly calculated because his arms, accoutrements, his barrack- room, the principal part of his clothing, are furnished by the public magazines and manu- factories ; but his daily allowance will give an adequate idea, in other respects, of his situation.* It amounts, on an average to, 48 centimes, about 4£d a day. Trom this pittance 10 centimes, one penny, are withheld as a provision for the linen and stockings he may * Nouveau guide des sous-officeis. — (New guide for non-commissioned officers,) *10 MILITARY ADMINISTRATION. require, and for the small articles necessary to his dress and cleanliness ; 30 centimes three halfpence, are kept for his food, and he is supplied with one pound and a half of tolerable bread in addition ; 8 centimes, about three farthings, are given to him for pocket money. Such is the state of the French soldier.* It will be easily believed, that with resources apparently so inadequate, it would be impos- sible for him to exist but under a system of the most rigid economy. For this purpose, a subaltern officer is charged in each company with the control of the sum appropriated for food, and is in fact the superintendant of the mess, for it is by messing the food that a sum so minute is rendered sufficient for the purpose. This officer purchases himself at market the articles necessary ; some soldiers are metamorphosed into cooks, and the dinner is divided into small tin dishes, and distributed fairly to each soldier of the company. The soldier has two meals a day, one at ten o clock, and the other at five. The first is composed of * The two flanc companies receive a halfpenny (5 cent) a day more ; and, as we have seen, those re-engaging after 8 years service, 8 cents, more. GOVERNMENT. ill soup, and a quarter of a pound of boiled beef; the second of a small portion of vegetables, gene- rally of potatoes or beans, with a quarter of a pound of mutton or veal. The only drink given is water ; wine, brandy, or other spirits are only distributed, and then, in very small proportions, on the occasion of public re- joicings, or on a visit of the General.* PENSIONS. As some atonement for the exiguity of his pay, the soldier has the prospective of a pen- sion. * When the soldier is in the colonies a slight difference in the arrangements takes place. He has 1 lb. 9f oz. of bread, with 84 oz. of salt or fresh beef, or 7 oz. of pork ■daily. When on the war establishment, 1 oz. of rice, or 2 oz. of peas, and half an ounce of salt. Instead of paying 30 cents, for his messing, he pays only 20 in the colonies, and 14 on the war establishment. Soldiers of good conduct are sometimes allowed to absent themselves from regimental duties, and work on their own account in the towns where they are quartered. They pay, in this case five centimes per day to the mess, and six francs a month to the soldier who does their duty, and cleans their arms. They must also pay for their linen, etc. unless their stock be complete. 212 MILITARY ADMINISTRATION. In time of peace this is earned by thirty years, in time of war, by fifteen years' service.* Besides this, the orphans and widows of those who have perished in battle,t receive a portion (about one-fourth) of the pension that their husbands, or fathers would have been entitled to for retirement, whatever may have been the period of their service, in the rank they held. The widows and children of pensioners are also paid according to the same regulation ; and the pen- sion to a soldier's wife cannot be less than 100 frs. The pensions of course vary according to rank, and the following table will exhibit their rates and proportions. * Two years in the colonies are counted as three years. f There is also for the officers what is called " Traite- ment de reTorme," (half-pay allowance,) in which he is in a middle state, between being in the army and out of it. Those who have served 20 years may receive this pay for. ten, without being called upon to re-enter the service ; those who have six years, for three, etc., etc. The allowance for a colonel is 1,200 frs. ; for a sub-lieu- tenant, 320 frs. GOVERNMENT. 218 STATEMENT OF HALF-PAY ALLOWANCES, SHEWING THE RATE ACCORDING TO RANK AND CORPS. Maximum. Minimum. Francs* Franc*. General Staff . J Lieutenant-general 6,000 5,000 Mare'chal-de-camp 4,000 3,500 r Colonel 3,000 2,500 \ Lieutenant-colonel 2,400 2,000 Royal Staff Corps / Chief of battalion . Captain 2,2Q0 1,600 1,800 1,200 1 Lieutenant . 1,200 1,000 I Sub-lieutenant 1,000 800 Military intendance \ Military intendant Sub-intendant 4,000 3,000 3,500 2,500 Commandants of f Towns. 1 Colonel 3,000 2,500 Chief of battalion . 2,000 1,800 r Captain 1,500 1,200 Town Adjutants . { Lieutenant • 1,200 1,000 I Sub-lieutenant 1,000 800 Board of Health . { Head surgeon Assistant surgeon 2,000 1,000 1,600 800 ( Colonel 3,000 2,500 Chief of squadron . 2,200 1,800 J Captain 1,600 1,200 Gendarmerie . . Lieutenant • 1,200 1,000 Quarter-master 450 400 Brigadier 360 310 t Gendarmie • 320 220 f Colonel 3,000 2,500 Lieutenant- colonel 2.400 2,000 Infantry of the Line Chief of battalion . 2,000 1,800 Captain 1,600 1,200 Light Infantry Lieutenant . 1,200 1,000 Veteran Non-com- Sub-lieutenant 1,000 800 Adjutant non-com* { 600 500 missioned officers missioned officer Serjeant-major 500 400 Veteran Fusiieers Serjeant 400 300 Corporals 350 250 Artillery . A . Soldiers 300 200 f Colonel 3,000 2,500 Lieutenant -colonel 2.400 2,000 Chief of squadron 2,000 1,800 Cavalry . Major . 2,000 1,800 Captain 1,600 1,200 Artillery . ./ Lieutenant . 1,200 1,000 Sub -lieutenant 1,000 800 Artillery Train Adjutant 600 500 Head quarter-master 500 400 Quarter-master 400 300 Brigadier 350 250 V Soldiers 300 200 210 MILITARY ADMINISTRATION. to the 'boulef* — 1,149 to labour on the public works — 2,556 to imprisonment. It is to be observed that 1,555 were tried in the same month as their offence — 2,267 i n two months after their offence and 3,111 sub- sequently to that period. 24,064 witnesses were heard, and the ex- penses of the proceedings were 156,217 francs. The sentences pronounced were not all exe- cuted. Of the 4,627 condemned, 496 obtained an entire pr.rdon; 656 a commutation of sentence; and 13 capital sentences were alone put into execution. From the report of the minister of war we learn a very curious fact, viz. that of the 6,858 persons tried — 2,806 were volunteers, and 2,359 substitutes for those who had enrolled; and but 1,693 persons entering by conscrip- tion, though the great bulk of the army is com- posed of these. It also appears that in the persons tried and condemned, there were out of 17 soldiers : 7 volunteers 6 substitutes 4 conscripts * To drag the shot. SCHE T3 00 * < o oo s Military offences (provided against by the military code.) 1. Desertion to the enemy, or in face of the enemy 2. — to foreign countries 3. — to the interior by change of resolution 4. — to the interior with arms and uniform 4. — to the interior, not singly, but with others 6. — to the interior singly Total of desertion. . . . 7. Offences classed under the heads of treason, spies, and persuading men to desert 8. — under the head of insubordination . . 9. — under the head of thefts, breach of trust, dishonesty and bribery .... 10. Offences other than those above speci- fied Total of military offences, inclusive of desertion Common offences (provided against by the civil courts) 1 1 Thefts from private citizens 12. Assassinations and assaults 13. Rapes, and offences against morals . . 14. Common offences, other than those above specified Grand Total. . . . 33 92 68 472 20 1,154 1,839 45 873 1,266 2,033 6,056 401 235 18 223 6,933 ctf 11 16 | 3 34 9 42 >> i 89 17 a 106 i. SCHE T3 GOVERNMENT, 21/ This sufficiently shews the great superiority § of the conscripts over the other two classes of soldiers. There was but one of the scholars from the military schools tried, and he was acquitted; and from the gendarmerie, a .force of 15,514 men, but 15 were brought to trial. Two facts import- ant to France — as well in respect to the disci- pline of her troops as the security of her citizens. The officers of rank brought to trial, offering a total of 16,642 — 15. Of the sub-officers, of a total of 20,524— 176. Of the corporals, &c. 26,0 1 2 — 2 16. The annexed tables give these and other particulars. MODE OF PROCEDURE. In every division, there are established, two permanent councils of war, and one council of revision — which is to the military courts what the " cour de cassation," (court of cassa- tion) is to the civil. The permanent councils are formed from every rank, and contain a colonel who pre- sides, a chef-de-bataillon, two captains, one lieutenant, one sub-lieutenant, and one non- commissioned officer. The couvcil of revision consists of five vol. ij. h 218 MILITARY ADMINISTRATION. members: one general officer who presides, one colonel, one chef-de-bataillon or d'esca- dron, two captains.* The mode of proceeding is as follows : di- rectly a person, subject to military law, is accused of an offence, his commanding officer arrests him, and institutes an enquiry into his conduct. Then, if against the person accused, there appears a fair probability of guilt, he, (the commanding officer) convokes the permanent council in his division — and before this council the offender is brought. The tribunal hears the accusation, the wit- nesses on both sides, the defence, and then pronounces sentence. If three out of seven members declare the accused innocent, he is at once discharged— if five pronounce him guilty, the commissary of the King demands the application of the law against him. The president reads the law, and again, if five determine on the same punishment, that * For generals-in-chief or of division, for colonels, majors, and chef-de-bataillon or d'escadron, as well as for permanent military intendants, and sub- intendants, the councils of war are rather differently composed. In besieged towns, in departments in a state of trouble or civil war, councils are formed on the same principle of the best materials that can be found. GOVERNMENT. 219 one is adopted, if not, the opinion in favour of the mildest sentence is the one acted upon. The criminal is then told the result of his trial, and twenty-four hours allowed him for demanding his case to be brought before a council of revision. The council of revision can annul the sentence. 1. When the permanent council of war has not been formed on a legal manner. 2. When it shall have passed beyond its competence, either in respect to the criminal, or the laws. 3. When it shall have declared itself incom- petent in the case. 4. When the trial has not been conducted properly. 5. When the punishment adjudged is not a legal one. Within twenty-four hours after the decision of the permanent court, if the case be not adjourned to the court of revision — and im- mediately after the judgment of the court of revision, if it be— the criminal, if sentenced to be put in irons, or to be sent to the galleys, or to proceed to a ( compagnie de discipline/* • There are about 2000 men in what are called the companies of discipline — to which soldiers maiming L 2 220 MILITARY ADMINISTRATION. or to a military penitentiary,* is escorted by the gendarmes to his destination. Should he be condemned to death, he is taken back to his regiment, and there, unless a pardon or reprieve be anticipated, shot forthwith.f themselves to prevent serving, or of a refractory disposi- tion, are sent. In these companies, which are always in fortified towns, besides the ordinary military duties, the soldiers are employed in works of fortification, where the latter is in general very severe. * The military penitentiaries are recent and experi- mental institutions, to which soldiers, whom there may be the hope of reclaiming, are sent to instead of to the galleys. Here the prisoners are employed in different useful trades, receive the elements of instruction, and have a careful attention paid to their comparative conduct. f There are, besides the great military tribunals that I have described, two for the officers, and one for the soldiers of a secondary description. Those for the officers are called * conseils d'enquite/ (councils of inquiry) ; and those for the soldiers ' conseils de discipline,' (councils of discipline.) The ' conseils d'enqudte' are divided into ' conseils de divisions,' (councils of division*) and ' conseils de regi- ment,' (regimental councils.) The first concerns all officers in a division as high as the rank of colonel, the second the inferior officers of * a regiment. These councils take cognizance of such offences as become sufficiently serious to disturb the good order of GOVERNMENT. 221 I believe great severity is required in the French military code; it has, however, been considered unnecessarily great, and whatever might be required in time of war, it appears possible to many military men in France, to do without the punishment of death in time of peace, except in cases of murder, or perhaps treason. Acts of mere insubordination are rarely the result of calculation or delibera- tion before hand. They result in most cases from some momentary effervescence ; and then the punishment of death, or any other penalty, is never thought of or cared for by the excited soldier.* If some offences, however, are punished so severely in the French army, others receive a mild and honorable chastisement, directed es- the army, though they do not subject the offender to the military code. And they can punish by suspension of rank or employment. The ' conseil de discipline* (councils of discipline), is for offences of the same description, and may send a soldier to the ' compagnie de discipline/ (discipline company.) * It may be here worth observing that in the same year which I have been speaking of in France — as giving the result upon 388,000 men, of 6,858 committals on se- rious offences, there were within our force in Ireland and Great Britain, (about 50,000 men,) 920 soldiers in gaol, while 370 corporal punishments took place in the same year. 222 MILITARY ADMINISTRATION. pecially at the mind of the soldier and that sentiment which is the basis of his service. These smaller punishments are the corvee, (excessive labour) a consigne au quartier — (con- finement to his quarter) — la salle de police, (im- prisonment,) the cachot> (dungeon) and interdic- tion to carry his sabre out of the ranks. The small faults or negligences are all punished by the corvie, or by confinement to quarters. The corvee is work imposed on the soldier, who is obliged when not on duty, to devote himself to it, and is generally both of a tiresome and fatiguing description. He is made to bring the soup into town for his comrades on guard; to carry forage, and do any other menial offices re- quired. The punishment of confinement to his quarters in addition to his being interdicted from leaving his barracks, subjects him also to those portions of the punishment I have just described, which can be performed in quarters. He is besides placed in a corps which is desig- nated the c peloton de punition> which 'peloton? is commanded by a wow-commissioned officer equally confined; and here the sergeant and soldier, if they do not pay the same attention to their duty, as in ordinary exercise, are sub- jected to a continuation of their punishment. Sometimes the nature of the offence will be printed in large letters, and the soldier made to — -\ GOVERNMENT. 223 appear with it on his jacket turned inside out ; a punishment sufficiently humiliating to him, especially when the exercise which he is obliged to go through, is performed in some public place out of the barracks. " La salle de police" includes the above pu- nishments 5 but the culprit, in addition, is de- prived of his room and bed, and obliged to sleep on bare plank — his duty and exercise continuing as before. The prison only differs from the salle de police, in this, that the offender is immedi- ately locked up when he has performed either his military service, or the degrading duties of the other punishments. " Le cachoi" is close imprisonment. The prohibition to carry his side arms when off duty, another punishment which I have mentioned, attacks the c amour- propre' of the French soldier, and is invari- ably found to be equally severe and effective. In order, indeed, to give it the appearance of great degradation, the colonel has only the power of interdicting the soldier from carry- ing his side arms for the space of sixty days ; it requires the general of the division to prolong that term. Every superior has the right to punish his inferior for any fault he may be guilty of. But 224 MILITARY ADMINISTRATION. the law provides and specifies the amount of die punishment, which cannot be exceeded. From the corporal, who can inflict four days* confinement to the barracks, or two days to the c salle de police/ up to the colonel, who can sentence to a month's confinement to the bar- racks, and fifteen days to the ' cachot f the different powers of the various ranks of officers, in everything concerning these punishments are explained and determined by military regu- lations ; at the same time the colonel has, of course, the power to augment or diminish the punishment, or to pardon the offence if he thinks proper. He is entitled also to punish the superior officer who has exceeded or abused his authority in inflicting an extravagant or unmerited punishment on his inferior. The faults of the most frequent occurrence are generally the lightest, and are punished as soon as committed. But even when any of these trifling delinquencies are frequently repeated by the same individual, and when any species of in- corrigibility is exhibited, the punishment very properly becomes more severe. A non-com- missioned officer, or corporal, of soldier of the first class, is degraded. This punishment which affects the future prospects of the offen- der is, however, considered an exceedingly GOVERNMENT. 225 severe one, and but rarely inflicted, except when all other means of correction have been tried and failed. The degradation is inflicted in the French army in presence of the regiment on parade. PUNISHMENT OF OFFICERS. The severer punishments of the officers are regulated, of course, by the ordinary provisions of the military code: the minor punishments to which they are subjected, are, simple arrests, re- primand,close arrests, imprisonment. The simple arrests oblige the officer to confine himself to his chamber, without authority to leave it, but when called to perform his military duty, from which it would appear he is not even provisionally suspended. The reprimand, which must proceed from the colonel, or officer in command of the regiment, is given to the officer in presence of one or more of his brother officers. Close arrest does not per- mit the officer to leave his room under any pretext, nor receive any person there, but under express authorization of his commanding officer. A sentinel is generally placed at his door, and an inferior officer is sent to demand and take away his sword. Confinement in prison, is L 3 226 MILITARY ADMINISTRATION. only resorted to in very serious cases. The colonel can sentence an officer to fifteen days ; —the lieutenant-general or the minister at war can only exceed that period. % One peculiarity which I may notice is that, it is the duty of the officer punished, when that punishment has been undergone, to make a formal visit to the colonel or commandant by whose orders it was inflicted. He must be accompanied by an officer of his own rank, and by another of a superior grade, and the visit must be gone through with all the es- tablished forms of politeness. It will not do to leave a card at the colonel's door; the colonel takes care to inform the punished officer f the day and the hour on which he will have the honour of receiving him. The military ordonnance, which prescribes these details, has had in view the wish to re-establish, by the visit, the good under- standing which it supposes the punishment of the officer may have broken ; this may be a reasonable supposition, perhaps, where the fault and the punishment have been both trifling, or where the officer is conscious of his error and is glad of the opportunity to redeem it. But it too often happens that this formal visit renders more inveterate the private feelings GOVERNMENT. 227 of hatred that may have existed before. When an officer conceives that he has been unjustly treated, or punished with unnecessary severity, such a visit, it may easily be imagined, caii only be regarded by him as an addition to that treatment he complains of; and he can scarcely be expected to use such language, or to conduct himself so guardedly, as to fulfil the praiseworthy object for which the visit was ordered. It happens, therefore, but too frequently, that in place of friendship being renewed, and peace restored among the par- ties, a new and more implacable enmity commences, finally terminated by the death of one or other of the parties.* HABITS, etc. Exercise of the person, racing, dancing, horsemanship, and all the exercises which are calculated to strengthen the constitution, and to develope address and agility, and daring on horseback, are encouraged among the troops. Gymnasiums have been established for this purpose in the principal garrisons, where a mas- ter in each of these different sorts of exercise * In some cases, indeed, where this visit is con- sidered too painful for the feelings of the officer forced to make it, it is dispensed with. 228 MILITARY ADMINISTRATION. directs the young soldiers. In fine weather they are occupied daily in learning to swim, and in the exercise of swimming, as well as in swimming their horses across a river or a pond of sufficient depth. It is especially in the art of fencing that the soldiers are taught to excel. To be a good fencer is considered a great honor in the French army. Care is taken to give great solemnity to the competitions among the good swordsmen, so as to preserve the taste for this sort of exercise. It is easy to suppose that the practice of this art renders quarrels of very frequent occurrence— nothing, in fact, is more common than duelling among the soldiers. It might be in vain to oppose this propensity, but the chiefs of the corps seem rather to encourage it than otherwise, for, although they punish the offender with fifteen days' imprison- ment, if he accept a challenge, they are the first to testify their contempt, and endeavour by all means in their power to expel him the army, if he decline one. The life of the soldier in some measure resem- bles that of a monk. He passes as much time in the barrack as the monk does in the monastery. He has no connexion with the interior of a city. Scarcely has he time to make a slight acquaint- ance in the place where he is in garrison, GOVERNMENT. 229 before he receives orders to march to another quarter, where he isan utter stranger. The change of garrisons takes place very frequently, and it would seem as if the government adopted the plan for the purpose of isolating more and more the soldier, and preventing his forming too close a relationship with the people. The very ties which bind him to his family are at- tempted to be broken, for he is only permitted under the most pressing circumstances to visit his relations ; and to marry is altogether pro- hibited him. The officer, it is true, may marry, but only on the authorisation of the minister of war, who never consents but in cases where the pecuniary interests of the officer are to be bene- fited. The colonel of a regiment has also the power of granting permission to the non-com- missioned officers, and even to the soldiers un- der him to marry ; but it is only under very peculiar circumstances that this favour is allowed ; it occurs, therefore, but very rarely \ and, in fact, is almost entirely confined to the soldiers who wish to marry some woman who may be useful to the regiment as cantonnikre or washer woman * * These regulations, it is to be observed, are not so severe as they may, with our own military habits, at first appear, 230 MILITARY ADMINISTRATION. But while every endeavour is made to break the links which connect the soldier with the mass of the people, every incitement and en- couragement to maintain "T esprit du corps" is given. The men of the same company, or troop, live together; they are expected to sup- port and defend each other mutually, and the chief subaltern of the party is instructed to keep up this sentiment of fraternity, by punishment, as well as by recompense. If one man conduct himself badly, it often happens that all his party come in for a share of his punishment, as if the whole company were considered responsible for the conduct of any one of its members. If, on the contrary, the man acquire merited praise, either from some act of public service or private conduct, the company again comes in for a share of the eulogy to the individual, and is recompensed in a body, by some small fa- vours, as an exemption from roll-call and the like. What I have said of the company applies equally to the battalion, to the regiment, and to the brigade. It not unfrequently happens, when there is an unusual assemblage of troops, because the soldier passes merely through the army in transition, and can in a short time return to the affec- tions and habits of a civilian. aiaMai GOVERNMENT; 281 that some quarrel may spring up between two regiments, and it is then observed that other regiments take part on one side or the other, as they seem to be connected with the immediate parties, in respect to their similarity of military discipline. I remember seeing a singular quar- rel of this description, which almost ended in a general battle between the infantry and cavalry at Versailles. PROMOTION. We are now come to the distinguishing fea- ture of the French army, the principle of which, in fact, regulates and remedies the various parts of the system we have been con- sidering. The small pay, the severe discipline of the French soldier must have struck us on the one side, the constant appeals to his honor, and his love for his profession must also have struck us on the other. What makes this severe discipline and small pay supportable ? From what cause does the military pride which characterizes him proceed ? It is his method of promotion. The man who enters at four-pence halfpenny a day in the ranks, may become, nay, has become, one of the 232 MILITARY ADMINISTRATION. highest persons in the state. u The soldier carries on his giberne" (cartouch box) said Napoleon, " the baton of a marshal of France." During the empire, the battle quickly cleared the intermediate spaces between sub- altern and superior ranks. The restoration, desirous of encouraging the young nobility to arms, would gladly have given the same celerity to favour that had attended upon peril : here, however, the nation interposed. In 1816 a law was passed regulating pro- motion; and this law anxious only to fetter the court, cramped and depressed the military ardour, which the natural spirit of the people and their long train of conquests had tended, of late more especially, to develope. By this law, no person could pass from one rank to another without four years service in the pre- ceding grade. Not the greatest favorite could obtain the rank of colonel until eighteen years had been passed in climbing the long ladder of inferior steps. Nothing was more fatal to the old monarchy than this very law ; for it drove all the nobility, and the richer and higher classes of society out of it, and thus, with the exception of a few regiments, the army in general was en- tirely democratic and easily disposed, when a GOVERNMENT. 233 contest arose to take the same views, and the same course as the people. In 1832, the new government, though com- posed of many of the men who contended for the law of 1816, presented another law en- tirely opposed to it. It is no longer, then, now, as under the restoration, an interval of four years of service in each grade, that ren- ders the officer qualified for promotion. It is sufficient that he has served two years in an inferior, or three years in a superior, to be eligible to higher rank. There is also this difference between the two laws, that the present law requires a longer service in the superior rank than in the inferior ; while the law of 1816, on the contrary, required longer service and, in consequence, more experience from the subaltern than from the superior officer, which was evidently an absurdity. This law has likewise guarded against favoritism, by being more favourable to seniority. The law of 1816 allowed only a third of the nominations to seniority, that of 1832 gives the moiety; with the exception however, of the ranks of colonel, lieutenant-colonel, and general, where age cannot reasonably be taken as the title for elevation.* * It seems sufficient for officers to arrive to the rank of major with no other title to merit than their age. 234 MILITARY ADMINISTRATION. According to this new law, the time neces- sary to pass from one grade to another, is thus regulated : Six months service for a soldier to become a soldier of the first class. Six months for a soldier of the first class to become corporal, in the infantry, or brigadier in the cavalry. Six months for a corporal or briga- dier to become sergeant in the infantry, or markchal des logis, or fourrier in the ca- valry. Six months sergeant or marechal des logis, to become sergeant major, or marechal des logis chef. Six months sergeant-major, or marechal des logis chef, to become adjutant-sow-officier. Three years service to become sous-lieute- nant — the- first and lowest rank of a com- missioned officer. Two years service as a sub-lieutenant, to become lieutenant. Two years lieutenant to become captain. Two years captain to become chef-de-batail- lon in the infantry, or chef-d?escadron in the cavalry. Three years major, (the above ranks are equivalent to that of major in our service) to become lieutenant-colonel* GOVERNMENT. 235 Three years lieutenant-colonel to become colonel. Three years colonel to become marechaLde- camp. Three years in this last rank to become lieutenant-general ; — that grade in the military hierarchy, above which the only dignity is mar&hal de France. It is thus seen, that the simple soldier rises as the rest, if his education and good conduct qualify him for promotion. Indeed, the law I have been quoting assigns a third of the nominations of sub-lieutenant to sol- diers rising from the ranks* — the remaining two- thirds being reserved, one for the pupils of the military schools; and the other for the particular choice of the King. Since the revolution of July, it has so hap- pened that many officers of different corps having left the service : it became necessary to raise a great number of non-commissioned officer in each regiment, to the rank of officers. This circumstance has been considered highly favorable to the good disposition of the army, and has awakened in the body of the non- * Not only does the soldier in these cases give nothing for his commission, he is made an allowance, when he receives it, for his equipment. 236 MILITARY ADMINISTRATION. commissioned officers, those hopes of distinc- tion and promotion which attached them to ,the empire, a circumstance of which it is im- possible to over-estimate the effects. The non-commissioned officer lives with the soldier; and there being no aristocratic feel- ings operating against him, exercises almost an absolute authority over his inferior. A body of unruly or undisciplined non-com- missioned officers carry with them in a re- volt the entire regiment, and can equally in times of trouble secure its discipline and obedience. J have said that one third of the commis- sions are given to the military schools ; it will be interesting to say something of these. The Ecole Polytechnique (Polytechnic school) at Paris, is exclusively for artillery and en- gineers, and on quitting it, the young officer goes for two years to the Ecole d 'application tfArtillerie et du G000 ; this merely takes in the most considerable, since small places and large places taken to* gether, there are in the ministry of finance alone above 57,000. Still, for every place to be given away, there are three persons at least who expect to obtain it, while there are not much more upon an average than three electors to each place :-— a constituency then is easily bribed by expec- tations from its representative, and a repre- sentative, as we have seen, meets with his re- compense from the minister. . ^ . v i. 1 .- ' V. V 280 CHAMBER OF DEPUTIES. Thus the body I have been considering is not what it should be — a fair check upon the executive authority — by being a fair repre- sentation of public opinion. -1 SUMMARY. CHAPTER XIII. Review of past work — The amalgamation of different effects proceeding from different causes — Modern France, the consequence of former history and recent institu- tions — Whether the equality sprung from one and coloured by the other is compatible with free govern- ment — The effects of centralization and of a small constituency — Monarchy of the middle classes as it is, as it might be. My title was ambitious ; I undertook a great task. Is it nearly completed ? — Doubtless much that I intended to say has been overlooked and forgotten ! much remains to say for which nei- ther time nor space are allowed me ! and yet, reader, cast back your eyes over the road 282 SUMMARY. we have traversed — the view is an extensive one. Behold again that Paris which we saw from yonder heights of Phre la Chaise crowded with bacchanalians, monks, cavaliers and mobs ! — the recollections of fifteen centuries ! Behold again that people so gay, so witty, so warlike, and so vain, whose brow is chro- nicled with centuries, and whose character is still in its youth. Behold again those revolutions, amidst which passed away a solemn and brocaded court — a terrible and sanguinary republic— a glorious and conquering empire — a prosperous but misguided monarchy ! Look at the influences which have survived ; the literature, the religion, the philosophies which exist ; the manner in which the soil of France is divided ; the social condition which the French people enjoy ; the species of go- vernment under which they are placed!— Look, I say, at these things— and here is the point where we should regard them, not one by one, but as a whole ; — and combining the past with the present, try to comprehend a country motleyed by its manners, its laws, its history, its ideas 1 We see a nation fond of change and of glory SUMMARY. 283 from character; attached to luxury and elegance from education; a soil almost agrarianly dis- tributed — making of its cultivators a people of proprietors, and a people of equals ; a govern- ment concentrated in the hands of an executive authority, responsible before two tribunals — of which it names one, and must find it easy, except in extraordinary crises, to corrupt the other; and a public opinion founded on ab- stract rights, and daily more and more inclin- ing towards liberal institutions. In all this we have, in much, to modify the results of one ch&umstance, by the results of another ! a nation fond of change may be given to violent revolutions :— but a nation of proprie- tors is hostile to violent revolutions. A people of equals may depress talent as a distinction, and banish elegance as a vice: but a people glorious and luxurious, honour Genius as a divinity, and give to Taste a temple among the Arts. A government concentrated in the hands of the executive authority, controlling the power which ought to control it, may become a des- potism : — but a public opinion favourable to liberty, if restrained for a time by the fear of its own excesses, can never by any species of government be ultimately crushed. How shall I describe the amalgamation of so many op- 284 SUMMARY. posing effects, springing from so many opposing causes ? Shall I say that we find the popular feelings of the street amidst the ancient habits of a court; — a terrible machinery for despotism amidst the modern sentiments of democracy ? — before us, perhaps, is the spectacle of a people whose manners have been formed under an absolute government, and whose opinions tend to a republican government. Indeed, in turning back once again to the vo- lumes I am concluding, their subject seems fairly enough divided, like they themselves have been, into two parts ; — the one referring rather to the effects of nature and of former times, the other rather to the effects of recent institutions. Proceeding from the first — were those influ- ences, female, literary, and military, which have made the French frivolous, literary, warlike. Proceeding from the second is — that custom of succession, which, whether we look at litera- ture or the press addressing themselves to all classes — to the state, taking into its bosom all religions — to society possessing neither grandees nor paupers — establishes on all sides, and in all things, an equality — which imbibing the colours of preceding circumstances, makes the French people what they are. SUMMARY. 285 I say € imbibing the colours of preceding circumstances/ for simply to say that France is distinguished by the equality that reigns there, would not be sufficiently characterizing this peculiar nation. That equality might exist elsewhere amongst simple tastes, as here it exists amongst ostenta- tious tastes, — or amongst peaceful desires as here amongst warlike desires — or amongst local popu- lar institutions, as here under a centralized administration — or amongst ideas favourable to despotism, as here amongst ideas bordering upon licence. Whether for good or evil — that equality must remain ; for it is based upon the two things most difficult to alter : the distribution of property and the natural affections of the human heart. It has made the French a happy people ; need it prevent them from being a free one ? I say — it need not. The centralized administration I have des cribed may be favoured by it, but it is not caused by it. A people formed into a demo- cracy may govern in their villages as in their capital. Of this America is an example — if they do not wish to do so, it is less because they are a democracy now, than because they have not been a democracy long ; if they ought 286 SUMMARY. not to do so, it is not because they are equal amongst themselves, but because they are divided amongst themselves, and that a de- legated authority from the whole of the em- pire, is necessary to keep together its parts. Neither need such a system be necessarily, as I have elsewhere observed, one of despotism. If \he French ministry was the result of a majority of a chamber which represented the majority of the nation-that ministry, however powerful, would be merely the most efficient organ for working out the popular will. Nay more, if the French ministry are not this— the same cause which gives a danger to the tendency of centralization, places in reality, though not perhaps in appearance, a check upon its power. A strong government is not merely a strong administrative machine for governing the affairs of a people, it must be a strong admi- nistrative machine that governs the people as well as their affairs. Held and directed by the hands of one man, or of twenty men, it must descend, if I may use such comparison, into the nation, like the wheel of yonder vessel descends into the waters ; there is the force of that mysterious engine — in those free and stormy waves ! A government, I say, must be popular to be SUMMARY. 287 strong, whatever the source whence that popu- larity springs. Oh ! but Bonaparte I Bonaparte did not indeed appeal to his people, through electoral chambers, and liberal laws; such was not the genius of the man. He did not appeal to the reason — he appealed to the passions of the French, and the- drum beating, and the tricolour flying, with victory in the van, all France followed his heels. If Bonapartes were common, charters would be waste paper. A conqueror is beloved by a vain and mar- tial race as long as he conquers ; he has Utile to study but the fortunes of his sword. When Kings too were anointed with a divine oil — the vice-regents of god upon earth— their au- thority was fixed in one of the deepest recesses of the human heart, and the distant barbarian worshipped the sovereign, whose sceptre was a scourge, as he did the god of the storm which devastated his plains. It is passed — all this :— • the most revered monarchs are but men ; and another Bona- parte may perchance arise in five hundred years. Besides a nation cannot always be at war ; and to govern an active and intelligent people S88 SUMMARY. in peace, you must give a vent to their in- telligence, a vent to their activity — that acti- vity, that intelligence should not be out of the government, or it will destroy the government — but within the government — where it will animate the government. Why is the press formidable to the existing state of things ? Because the press appeals to the whole country, and the constitution ap- peals to one person in every 1 1,850 throughout the country. Why is the police maintained ? Because it is necessary to know what the na- tion is thinking and doing — and the national chamber can hardly be said to represent the nation. The most popular institution is put down, the most unpopular preserved, for the same reason. The strongest species of admi- nistration that can be invented is not strong, because it does not proceed from a sufficient number of those for whom it administers. In summing up the whole system, then, I stand again before that great fault— a confined representation. It relieves the government from a salutary restraint, but it exposes the govern- ment to a continual danger : it gives the govern- ment the appearance of arbitrary power, and at the same time really cripples the government with just apprehension : it exposes the people to the SUMMARY. 289 suspicion of oppression, and the state to the fear of resistance. Let us look at the restoration ! From J8J5 to 1830 the course followed was — not to choose a ministry from the majo- rity of an assembly which represented the na- tion, but to obtain a majority in that assembly for some favourite minister in spite of the nation. Thus cabinet after cabinet sustained itself. The men who had been accidentally called to power were not to be changed on any account —no ; if any thing was to be altered, some fundamental part of the constitution might just be remodelled for the day, so as to disarm their opponents. The representative body be- came a mere political plaything. Mark the consequence ! M. de Vill&le for a long time maintained his majority. But what was that majority ? a veil between him and the nation he governed. Even he himself was actually blinded by that veil ; — for a small constituency has this double disadvantage — it is not inaccessible to public opinion while it deceives a minister as to the progress of that opinion. What is in the nation reaches it at last — VOL. II. o 290 SUMMARY. slowly, late, but it arrives. One morning the minister is in a minority in the chamber, which he has been accustomed to command ; but this does not happen till he has been for years in a minority out of doors. Who then shall be his successor ? a M. de Martignac — who can- not satisfy by concessions ? A M. de Polignac — who cannot conquer by resistance ?* Still let us not exaggerate the evils which it is a duty to point out. The monarchy of the middle classes, such as it exists in France, though susceptible of great improvements, is not a government (for the people to whom it is given) that can wisely be repudiated or justly despised. It has achieved, and if continued, will more per- fectly perpetuate, that which legislation long deemed impracticable. * But if a government is maintained by the army and the national guard I bow is a government to know that it is supported by the army and the national guard ? because they do not resist it ? but men whose duty it is to obey will not resist, except in the most urgent cases, and at the latest moment. When they resist the government, then the govern- ment cannot resist them ; and thus only learns that it is disapproved by a fortunate revolution which upsets it. Surely, the science of legislation should produce some more happy result than this. SUMMARY. 391 I mean, a constitution containing no privi- leged class, and yet, in which the monarch is not a cypher and the people are not slaves. Such is the government at present ;— if called upon to state what it might be with more advantage, I should describe something not wholly different, but which giving greater so- lidity, perhaps majesty, to the throne, would give greater power to the people, greater inde- pendence and nationality to the chamber of peers. I should say, in short, that the best govern- ment for France, without starting forth in quest of any of those extraordinary changes which are to produce theoretical perfection, would be a popular and splendid monarchy \ supported here by a national army, there by a citizen guard — administered by a centralized administration, and having for coadjutors — a chamber of Peers electedfrom the superiorities of the country, which would represent, as it were, its moral interests ; and a chamber of deputies, elected by a large constituency \ which would represent its material interests. Such a government would be consistent with the manners and the ideas I have des- cribed; it would make what belongs to old times compatible with the birth of new ; and by placing despotism under the legitimate con- o 2 292 SUMMARY. trol of a democracy, which now agitates so- ciety in opposition to the law — render possible the union of free institutions, with a confi- dence in the executive power. Such a government would no doubt have its faults; but it would accord with all the predominant feelings of the French nation; and, at such a government, if the present dynasty be not overturned by some violent shock, it will — even in spite of itself — arrive. POLICY OF PRESENT ADMINISTRATION. CHAPTER XIV. The existing government in France a government of resist* ance, and why it is so— Considered as to where it should resist, and how resist — Has resisted open vio- lence, popular representation and the press — How far justifiable — Recent laws against the Press — How far wrong — Character of administration — Necessary policy of government. Having spoken of the present state and pro- bable prospects of the existing monarchy, I am called to the consideration of the policy by which it is now supported. I confess that this subject is one of difficulty, and that I approach it with no common diffi- dence in my judgment— no common hesitation, »4 REVIEW OF OF POUCY. let me add, in respect to publishing my opinions — since they differ very essentially, as well from the party by whom the present French admi- nistration is attacked with unqualified violence, as from that party by which it is with equal violence defended. The nature of all revolutions is to beget- however necessary they have been, and how- ever sagely they may have been conducted— a tendency to revolutions; for men always imagine they can again attempt with success, that which they have seen done in their own time with facility. It is equally certain that no country can prosper under a perpetual series of revolutions ; it follows, therefore, as a matter of course, that the ministry which succeeds a revolution, will be by duty and position, more or less a ministry of resistance ; or, as I said t nearly two years ago—" the life of a prince, sprung from a popular convul- sion will be almost always passed in struggling against popular concessions/' Indeed, if we look at that revolution in England, with which the late French revolu- tion has been frequently compared — we shall find that severe laws against liberty were not wanting under the government of a monarch, -— 1 REVIEW OF POLICY. 295 from whose accession to power notwithstand- ing,— our liberties spring. It is idle then to expect what neither history warrants, nor human nature accords. Moreover, if revolutions were ever likely to have had ene- mies to oppose, and agitations to subdue, it was the revolution of July. The government founded on our revolution of 1688 rested in some sort on a religious enthusiasm; the government founded on that revolution of 1830 had no enthusiasm in its favour. The superstitions of old times, favourable to here- ditary right, and of new times, inclined to impossible perfection, were equally against it. The present government in France then is, I repeat it, essentially and necessarily, what its defenders have frankly declared— a government of resistance. The only questions that can arise, are : where it should resist— how it should resist. Open violence must of course be met by violence ; but it is no small praise, and ought to be no small pride to the party which through different men, has almost uninter- ruptedly ruled — that as yet — five years hav- ing elapsed — three rebellions having taken place— not a single political scaffold has re- corded the triumph of a dominant faction. 296 REVIEW OF POLICY. There are not many such examples in all history ! The course of civil resistance adopted, has displayed itself on two points— a refusal to extend the elective franchise beyond its pre- sent limits — and an attempt to restrict the press within narrower bounds than it was inclined to assign itself. My own humble opinion in respect to the electoral law has been expressed, and I own that I deem a small constituency in a constitutional government, a very great danger and a very great evil, inasmuch as that it places that go- vernment in a false position, and does not afford it the warning or the assistance it would derive from the popular sentiment, having a more faithful organ of expression. I own that I think some alteration ought to take place — must at no distant time take place on this subject — still the government established in 1830, though not walking with rapidity, did make a great step even on this point beyond the government which preceded it ; and the present constituency of about 173,000, however small, is more than double the con- stituency of about 80,000 to which it succeeded. That the doctrinal administration should re- sist here for a time then— may be wrong in REVIEW OF POLICY. 297 some of our opinions — is wrong in my opinion — but it hardly affords any just ground of violent reproach : for I am willing to admit that the result of nearly all revolutions (there are some exceptions) has been lost — when lost — by the principles on which they were founded, having been carried out too suddenly and too far; and I also grant, that if there be any people in the world to whom freedom should be, if I may use the expression, cautiously measured out — it is that people, more than any other, volatile, capricious, prone to excess -r-amongst whom it is most necessary to create habits — and yet amongst whom habits are, with the most difficulty, created. I come to the press and the conduct, more especially within these few months, pursued towards it. Now as for the object which the government had in view by that conduct, it appears a legiti- mate one. The laws brought forward were pro- fessedly only aimed at these things ; — to pre- serve the person of the sovereign from abuse — and the principle of the monarchy from assault. A state owes it to its own dignity to preserve, if possible, its first magistrate from indecent lampoons, and it can hardly be blamed for sheltering, and, if necessary, de- o 3 208 REVIEW OF POLICY. fending — not the manner in which the go- vernment is administered, but the principle on which it is founded. Resistance to the press in both these cases then, would seem justifiable, if it were likely to attain its end by means justifiable also. Here we arrive at that question — a how should the government resist ?" I said but a short time since, that the best defence for those who refuse to sanction im- mediate constitutional changes rests on this ground — that it is desirable above all things, for a people who, in fifty years, have never ceased changing every thing, to acquire at last, the habit, even if what exist is not the best, of conserving something. But if change be undesirable who should give the example of enduring inconvenience ? the minister who tells the people to pause be- fore attempting to make their institutions yet more liberal, ought to be most careful in shew- ing that he is as scrupulously determined not to make those institutions less liberal. The rule then which should guide any ad- ministration in their resistance to alterations in the charter is — the charter. Now there are some who think by the laws lately passed that this charter has been evaded in one REVIEW OF POLICY. 299 instance, and violated in another. The evasion they say consists in giving the appellation of < high treason' to certain offences of the press, which are thus brought before the ohamber of peers (forming a court in that pe- culiar instance) whereas the offences of the press were, by the constitution, expressly assigned to a jury--the violation, they say, consists in changing the constitution of the jury itself, which jury formerly voted openly, and now votes secretly, which jury formerly condemned by a majority of four, and now condemns by a majority of one. I do not, for my own part, either adopt or defend any exaggerated party charges, still I cannot help thinking that any great fundamental alterations for a momen- tary object must be unwise ; more especially when it is wished to keep the public mind in an even course within certain constitutional channels, which channels, if you dam them up for a lime, will be afterwards dangerously over- flowed. They unsettle and confound people's opinions also, and make them consider that nothing is sacred, or superior to the exigencies of the hour. . Besides, they have another evil ; — it is almost always necessary that they should be followed by measures of a similar nature : for they 300 REVIEW OF POLICY. create exaggerated suspicions which must be met by exaggerated defences and precautions, until a minister on one side, and a people on the other, are driven into a course con- trary to the inclinations, the interests, and the intentions of either.* * This is a question of policy which should be well considered before we proceed to laws of repression. Will they protect us ? To repress the expression of opinion is not to repress opinion. There is a singular fact, to which, as it furnishes no mean argument of this, I call attention : Under the empire the secret police cost . 789*000,000 Under the restoration from 1814, to 1818 56,000,000 Afterwards, about 2,400,000 Under M. de Martignac 1,700,000 p .lhus in almost an exact proportion with the silence imposed, was the watch which it was found necessary to maintain. There is another consideration not to be forgotten. A minister should well penetrate himself with the spirit, and give to himself as it were, the character and the nature of the government which he administers ! A des- potism when it is attacked, acts with sense in being despotic ; it is constituted expressly for such crisis, and has all the power that is necessary for crushing every enemy, and stifling every cry. But a government of popular forms can never long depart from the prin- ciples on which it is founded : it may exercise a power REVIEW OF POLICY* 301 tt is on this account, indeed) that we should be more particularly regretful of late events ; and here I speak, not merely as a man anxious for the prosperity of a fine and intelligent por- tion of the human race — but as an English- man also anxious for the maintenance of that friendship between two nations — first at the present epoch of the world in arts and arms — whose alliance has afforded peace to Europe, and protection to the growth of liberal insti- tutions in both countries. That that alliance is chiefly one of opinion we well know ; and yet some English journals have been lately thought treasonable in France ! Deeply then do I regret the circumstances which have caused this. But would I say nothing disrespectful of the ministry, from whose views in some respects I differ. In those volumes published in 1834, I ob- served that this ministry would be difficult to replace ; and the short administration of three foreign to its nature for a particular time, but that temporary power, given with reluctance, is too feeble to destroy the opposition which it silences. The road of violence in such governments then is short, and they who take it are almost sure to find the hostile passions .which they drive before them in their march, collected and furious— where they pause. 90* REVIEW OF POLICY. days, which made its sudden appearance, and disappearance last year, shewed I was not mis- taken. It is formed of able and intelligent, and con- scientious men, the greater part of whose lives has been passed in struggling for those princi- ples to which they now, I trust but for the mo- ment, appear opposed: — opposed, however — not, I do believe, with any evil or tyranni- cal intention, but from a disgust at absur- dities it were wiser to overlook, from a sudden dread of difficulties almost overcome, and also, perchance, from that impatience of character which they share with their countrymen in general, and which seems the national impedi- ment to freedom and repose. One there is more especially, born of the revolution of 1830, whose elevation fortune favoured, and who was endowed with many of those qualities which design the leaders for troublesome times. Assailed by the most atrocious calumnies, that private envy could suggest, his talent broke through the jealous fetters that would have depressed it, and car- ried him at once to a high position in the country, of which he had studied the history- knew the character, and possessed in his love of the arts, in his passion for glory, in his REVIEW OF POLICY. SOS native eloquence and amiability-all the means of governing with success ; surrounded by a generous youth whose hearts he might have won, and whose ardour he might have moderated, admired by a monarch whose cul* tivated tastes were in sympathy with his own, and holding out the hand of good fellowship to the people from whose ranks he had sprung — that minister, might have been — I trust may yet be — precious to his country. There are certain perils which governments, placed in a peculiar position, are forced to undergo ; and the monarchy of July— chosen, in the heat of a revolution, from three par- ties—must expect the enmity of those whom it was preferred to, and of those whom it does not represent; still it has one advantage: its duties are clearly pointed out; its position plain- ly determined. This monarchy has to preserve the honour of France with peace ; the internal tranquillity of France with constitutional go- vernment. It stands as the representative of justice, moderation, legality, amidst the violence of contending passions and the tumult of perpe- tual crisis. There is its glory, there its danger. When reproached with its moderation, its love of peace and order, it is performing the task assigned to it; — a task difficult, but honourable ; 304 REVIEW OP POLICY. and which, owing to the courage and the dis- cretion of its defenders, it seemed at one moment certain of accomplishing. But a government that wishes to perpetuate itself, must above all things be faithful to its origin ! One man wished to be an emperor among emperors— and he fell ; — for he was na- turally the popular chief among a people of soldiers. Another man wished to be absolute monarch over a nation which had received him as its constitutional king — and he fell; — for his charter was — his crown. That charter, picked up from the pavement, where it had fallen, and blessed by a new sanction, was again placed — a popular diadem — upon the head of a monarch — justly chosen for his citizen-like virtues, his probity, his firm- ness, his regard for his duties and engagements. Elected by the multitude who had conquered, he was consecrated by the press for which they had fought. His lot is to conciliate his power with the causes of his power ! that he will do so is the belief — that he may do so is the prayer of one who, no wrangler for theoretical per- fection, no advocate for successive changes, deems that having once been chosen sove- reign, the continuance of his reign is best REVIEW OF POLICY. 305 adapted to the prosperity of his country and the general interests of civilization and man- kind. Placed on the French throne, the head of the house of Orleans carried there many of the qualities of a great prince ; prudent, elo- quent, instructed, courageous, he has the prospect of leaving a dynasty in repose, beneath the protecting shadow of an illustrious name. Yet is there no foundation for our affairs in desperate courses. Public as well as pri- vate life has an usurious policy— which, to satisfy the emergencies of the instant, borrows too largely from the times that will come. Let all ministers beware of this policy ! it saves for the moment — but it ruins in the end, and is equally unworthy of a people Who love freedom, and of a monarchy which, with the aid of time and Providence, is well calculated to couple liberty with order. POSTSCRIPT. CHAPTER XV. Two comparisons between France and England. And now, France disappearing from our view, as I turn, not unwillingly homewards, it may not be incurious to enter, though but cursorily, into certain comparisons that this work suggests : — i. e. to consider how far England and France resemble one another at this moment j— what period in French history admits the semblance of a parallel with that which will soon be English history, and is at this time passing before us. At the present moment there can be no doubt that it would be impossible to find =rd postscript. m two countries, which, with institutions appa- rently similar, are so entirely different as those I have just mentioned. This is easily accounted for — the character and history of the two people are different, and the distribution of property amongst them is also totally different ; —on these three things, which fashion society, and social habits — the movement, if not the form, of government depends. There is liberty and a powerful aristocracy in one country — a powerful aristocracy will never submit to slavery; -—there is equality and a democracy in the other —a democracy will never tolerate privileges. Money and birth are respected here ; power and talent tfiere. The law does in point of fact and practice subject the poor man to the rich man in England ; the law does in point of fact and practice subject the individual to the governing authority in France. In either case the theory of the law would not do this. In^ France too, the lower classes have property, and are tranquil and independent ; the higher are comparatively poor and servile. Talent, whether in arms, or literature, or through the press, governs both. In England, the lower class is daring, factious, and intelligent— the higher, prejudiced but high principled, and cer- tainly not meanly avid of power— a middle \ 308 POSTSCRIPT, order running between them, has hitherto kept these two extremes together. In France again, you meet the government every where — the gend'arme — the prefect— the police. In England all your affronts and annoyances come from individuals— the great man elbows you, the pauper taxes you, the pickpocket plunders you. On one side of the channel the great man takes off his hat to the government, and .asks for a place, but he calls his valet f his friend/* and would not refuse to fight a duel with his ' decorated ' coachman. On the other side of the channel, the great man snaps his fingers at the govern- ment, sends the poacher to prison for a phea- sant, and pays respect to nothing, save some greater man than he is : viz. somebody better born or wealthier. Much of this will no doubt alter with time in both countries : nor is it difficult to feel, as I write, that we breathe the quiet air of great, but healthy changes. This brings me to consider what foundation there exists for that other comparison, not rarely made, between the period in France of 1789, and that of England in 1835. In 1789 there was in France — a nobility * " Mon ami !" POSTSCRIPT. 300 much indebted, too prone to idleness and dissipation, far alienated by haughty and ex- clusive habits from the provincial influence it had once possessed — but proud, courageous- unwilling to take a place in the new society which had grown up above it ; lower than that which its ancestors occupied in the old society they overshadowed — a nobility which in the days of its power menaced the authority — in the days of its decay lived upon the bounty — and in the hour of its unpopularity clung to the protection — of the crown. At this period also there was in France a middle class rising rich, ambitious, and disgusted at the pride of an order whose privileges had lost their charm. An active race taken from all classes, save the aristocracy, and who, eager for employment, found in the army, in the church, in the colo- nies, in politics in general, that the road was obstructed to all but the peculiar set they did not belong to. A people without property, and from a variety of circumstances (those which are operating in England, are different from those which had been operating in France) utterly without attachment to the possessors of the soil. 810 POSTSCRIPT* A church, independent of the state, with immense funds most unequally distributed— furnishing a worldly provision to the aristo- cracy, rather than a spiritual comfort to the people. Corporations that had outlived their purposes, already attacked in principle and but weakly defended, even by the patrons of existing things. A public opinion strongly in favour of changes amongst the great masses of the nation, and a public opinion as strongly against innovation amongst the fashionable circles of society. In the royal family— one prince an advocate of liberal principles (the Comte de Provence) ; another forming secret societies in the army (le Comte d'Artois). In the senate — a nobility defending itself by a distinguished and eloquent man sprung from the people (Casales); a people assailing that nobility, and headed by the great aristocracy of the land — (the Montmorencys, Noailles, La- fayettes, Mirabeaus, P&igords.) So far some persons might fancy they traced a likeness ; but, as we advance further, all resemblance disappears : for France had not a prudent monarch brought up in constitutional principles, nor a sober-charactered people, who POSTSCRIPT. 311 had received a long political education, nor a bold and intelligent minister, equally remarkable for the sagacity of his views and his frank and manly manner of carrying them into execution. Yet, if our comparisons fail, we shall have found in their pursuit two important lessons, really coinciding, if apparently opposed. The one— that no class can stand against the liberal intelligence of its time: The other — that a people adopting false and exaggerated notions of liberty may delay for a century the real enjoyment of it. APPENDIX. VOL. II. APPENDIX LAW CONSTITUTING THE PEERAGE OF THE MONARCHY OF THE REVOLUTION. 29th December, 1831. Louis Philippe, King of the French, to all present and to come salut f page 100. The President of the Chamber of Deputies and other legislative assemblies. The Deputies who shall have been named in three different Parliaments, and who shall, for six years, have exercised their functions. The Marshals and Admirals of France. The lieutenants-General and Vice-Admirals of the armies of land and sea, after two years' rank. The Ministers of any Department. Ambassadors after three years' and Ministers Plenipo- tentiaries after six years' functions. P 2 316 APPENDIX. Councillors of State, after ten years of ordinary service. The Prefects of Departments or of marine situations — after six years' service. Colonial Governors after five years' exercise of their functions. The Members of General Councils formed by election, after three elections to the presidency. The Mayors of towns, of thirty thousand souls and above, after two elections, at least, as members of the municipal body, and after five years' performance of the functions of mayoralty. The Presidents of the Court of Cassation and of the Court of Accounts. The Procureurs-Generaux to these two courts, after five years' service in this quality. The counsellors of the Court of Cassation, and the conseillers-maitres of the Court of Accounts, after five years. The Avocats-Generaux to the Court of Cassation, after ten years exercise of their duties. The Premiers-Pre'sidents of the Cours Royales, after five years' of magistracy in their courts. The Procureurs-Ge'ne'raux to the same courts, after ten years' functions. The Presidents of the Tribunals of Commerce, in the towns of thirty thousand souls and above, after four nominations to these functions. The titulary members of four academies of the Ins ti tut. The citizens to whom, either by any law or on account of eminent services, there shall have been given a national recompense. All Proprietors or Heads of any manufacture, or any APPENDIX. 317 commercial house paying 3,000 francs of direct contri- butions, either on account of their landed property during three years, or on account of their patents during five years, when they shall have belonged for six years to a chamber of commerce of a ' conseil- general.' Proprietors, manufacturers, traders, or bankers, pay- ing 3,000 francs of imposition, shall have been named Deputies of Judges of the Tribunals of Commerce, can be admitted at once as peers without any other con- dition. The Titulary who shall have successively exercised the functions above mentioned, can add up their services in all their different branches of employment, in order to complete the time necessary to their elevation. It shall be dispensed from the time of employment required by the paragraphs 5, 7, 8, 9, 10, 14, 15, 16, and 17, above mentioned, the citizens who shall have been named in the year following the 30th July 1830, to the functions announced in these paragraphs, shall be dispensed in the same manner until the 7th January 1837, from the time of employment required by the paragraphs 3, 11, 12, 21, the named or maintained since 30th July 1830, in the functions announced in these five paragraphs. These conditions of eligibility can be modified into a law. The ordinances among peers shall be individual. The ordinances shall mention the services and state, the titles on which the nomination shall be founded. In future, no salary, no pension, no donation, shall be attached to the dignity of peer. The Present Law discussed, deliberated, and adopted 818 APPENDIX, by the chamber of Peers, and by that of the Deputies, and sanctioned by us this day shall be executed as a law of the State. L. Philippe. Palace of the Tuileries, 29th Dec. 1831. LOI SUR LA PRESSE. (1) Lot du 17 mat 1819, art V r " Quiconque, soit par des discours, des cris ou menaces profere's dans des lieux ou reunions publics, soit par des ecrits, des im- primis, des dessins, des gravures, des peintures ou emblemes vendus ou distribues, mis en vente, ou ex- poses dans des lieux ou reunions publics, soit par des placards et affiches exposes aux regards du public, aura provoque* l'auteur ou les auteurs de toute action qualified crime ou delit a la commettre, sera repute complice et puni comme tel." (2) Code ptnal, art. 86. " L'attentat contre la vie ou contre la personne du roi est puni de la peine du parricide. — L'attentat contre la vie ou contre la personne des membres de la famille royale, est puni de la peine de mort. — Toute offense commise publique- ment envers la personne du roi, sera punie d'un em- prisonnement de six mois a cinq ans, et d'une amende de cinq cents francs a dix mille francs ; le coupable pourra en outre Stre interdit de tout ou partie des droits mentionne's en 1' article 42, pendant un temps e'gal a celui de l'emprisonnement auquel il aura 6t6 con- damn^. Ce temps courra a compter du jour ou le coupable aura subi sa peine/' Art. 87* " L'attentat dont le but sera, soit de de'truire APPENDIX. 319 soit de changer le gouvernement ou l'ordre de succes- sibilite au trone, soit d' exciter les citoyeas ou habitans a s'armer contre l'autorite royale, sera puni de mort." (3) Loi du 17 mai 1819, art. 9- " Quiconque par Tun des moyens e'nonce's en Tart. l er de la presente loi, se sera rendu coupable d'offenses envers la personne du roi, sera puni d'un emprisonnement qui ne pourra 6tre de moins de six mois, ni exce'der cinq annees, et d'une amende qui ne pourra £tre au-dessous de 500 francs, ni exceder 10,000 fr. — Le coupable pourra en outre 6tre interdit de tout ou partie des droits men- tionne's en Tart 42 du Code pe'nal, pendant un temps egal a celui de l'emprisonnement auquel il aura ete condamne. Ce temps courra a compter du jour ou le coupable aura subi sa peine." Voir ci-apres (6). (4) Loi du 29 novembre 1830, art. l er : " Toute attaque par Tun des moyens e'nonce's en Tarticle l er de la loi du 17 mai 1819, contre la dignity royale, ordre de successibilite' au trone, les droits que le roi tient du voau de la nation francdse, exprime' dans la decla- ration du 7 aout 1830, et de la charte constitutionnelle, par lui acceptee et juree dans la seance du 9 aout de la mime annee, son autorite' constitutionnelle, l'invio- labilite' de sa personne, les droits et r autorite des cham- bres, sera punie d'un an d'emprisonnement de trois a cinq ans, et d'une amende de trois cents francs a six mille francs." — Art. 2 : " L'article 2 de la loi du 25 mars 1822 est et demeure abroge." (3) Lot du 17 mai 1819, art. 8 : "Tout outrage a la morale publique et religieuse ou aux bonnes moeurs, par l'un des moyens e'nonce's en Tart. l' r . sera puni d'un emprisonnement d'un mois a un an et d'une amende de 16 fr. a 500 fr." 320 APPENDIX. • (6) Codeptnal, art 42 : " Lee tribunaux, jugeant correctionnellement, pourront, dans certains cas, in- terdire en tout ou en partie l'exercice des droits civiques, civils et de famille suivans : 1° de vote et d'election ; 2° d'eligibilite ; 3° d'etre appele* ou nomine* aux fonc- tions de jure* ou autres fonctions publiques, ou aux emplois de l'administration, ou d'exercer ces fonctions ou emplois : 4° de port d'armes ; 5° de vote et de suffrage dans les deliberations de famille ; 6° d'etre tuteur, curateur, si ce n'est de ses enfans, et sur l'avis seulement de la famille; 7° d'etre expert ou employe comme temoin dans les actes; 8° de temoignage en justice autrement que pour y faire de simples decla- rations." (7) Lot du 9 juin 1819, art. 9. " Les proprietaires ou e'diteurs responsables d'un journal ou ecrit perio- dique, ou auteur ou redacteur d'articles imprimes dans ledit journal ou cent, prevenus de crimes ou delits pour fait de publication, seront pour 8 ui vis et juges dans les forme3 et suivant les distinctions prescrites a l'egard de toutes les autres publications." Art. 10. " En cas de condamnation, les memes peines leur seront ap- plique'es : toutefois les amendes pourront etre elevees au double, et en cas de recidive portees au quadruple sans prejudice des peines de la recidive prononcees par le Code penal.'* (.8) Loi du 18 juiilet 1828, art. 3 : " Seront exempts de tout cautionnement : "1° Les journaux ou Merits peYiodiques qui ne parais- sent qu'une fois par mois ou plus rarement. " 2° Les journaux ou ecrits periodiques exclusivement consacre's, soit aux sciences mathematiques, physiques, et naturelles, soit aux travaux et recherches demolition, APPENDIX. 321 soit aux arts me'caniques et liberaux, c'est-a-dire aux sciences et aux arts dont s'occupent les trois academies des sciences, des inscriptions et des beaux-arts de l'lns- titut royal. " 3° Les journaux ou ecrits peYiodiques etrangers aux matures politiques, et exclusivement consacre's aux let- tres ou d'autres branches de connaissances non spe'cifie'es prec&lemment, pourvu qu'ils ne paraissent au plus que deux fois par semaine. " 4° Tous les Merits periodiques Strangers aux ma- tures politiques, et qui seront publies dans une autre langue que la langue francaise. " 5° Les feuilles peYiodiques, exclusivement consacre's aux avis, annonces, aniches judiciaires, arrivages mari- times, mercuriales et prix courans. " Toute contravention aux dispositions du present article sera punie conformement a Part. 6 de la loi du 9 juin 1819." (Voir note 9.) (9) Loi du 9 juin 1812, art. 6. " Quiconque publiera un journal ou ecrit periodique sans avoir satisfait aux conditions prescrites par les articles 1, 4 et 5 de la pr£- sente loi, sera puni correctionnellement d'un empri- 8onnement d'un mois a six mois, et d'une amende de deux cents francs a douze cent francs." (10) Loi du 18 juillet 1828, Art. 8 : " Chaque numero de l'e'crit periodique sera signe en minute par le proprie'- taire, s'il est unique ; par Tun des gerans responsables, si l'e'crit periodique est publie par une socie'te' en nom collectif ou en commandite ; et par Fun des adminis- trateurs, s'il est public par une socie'te' anonyme. — L'exemplaire signe' pour minute sera, au moment de la publication, de'pose' au parquet du procureur du roi du lieu de l'impression, ou a la mairie dans les villes ou 322 APPENDIX. il n'y a pas de tribunal de premiere instance, a peine de cinq cents francs d'amende contre les gerans. II sera donne* recepisse' du depot. — La signature sera im- prime'e au bas de tous les exeraplaires, a peine de cinq cents francs d'amende contre rimprimeur, sans que la revocation du brevet puisse s'ensuivre. — Les signa- taires de chaque feuille ou livraison seront responsables de son contenu et passibles de toutes les peines porte'es par la roi a raison de la publication des articles ou passages incrimine's, sans prejudice de la poursuite con- tre l'auteur ou les auteurs desdits articles ou passages, comme complices. En consequence, les poursuites judi- ciaires pourront fore dirigees, tant contre les signataires des«feuilles ou livraisons, que contre l'auteur ou les au- teurs des passages incrimine's, si ces auteurs peuvent fore connus ou mis en cause." (11) Lot du 25 mars 1822, art. 11 : " Les proprie'taires ou 6diteurs de tout journal ou ecrit periodique seront tenus d'y insurer, dans les trois jours de la reception, ou dans le plus prochain nume'ro, s'il n'en etait pas publie avant l'expiration des trois jours, la reponse de toute personne nominee ou designee dans le journal ou lent periodique, sous peine d'une amende de 50 fr. a 500 fr. ; sans prejudice des autres peines et dommages-interfos auzquels Particle incrimine pourrait donner lieu. Cette insertion sera gratuite, et la reponse pourra avoir le double de la longueur de Particle auquel elle sera faite." APPENDIX. 223 ALL PASSAGES OR WORDS NOT TRANSLATED IN THE TEXT WILL BE FOUND AMONG THE FOLLOWING : MANNERS. PAGE 7. Note. — My drawing-room again had its crowds, and I once more had the pleasure of conversation, in Paris, which I confess was always, to me, the most captivating of all. PAGE 12. Monsieur , with much gesticulation, and utter- ing loud outcries from his bench. page 13. Here the President rings his bell. — At this moment the chamber is in confusion. PAGE 19. His voice, which more than once had carried terror to the palace whence it had cast out tyranny, might carry terror also to the souls of those traitors who desired to substitute their tyranny in place of the monarchy. 324 APPENDIX. PAGE 22. Yes, a fine school of anatomy. PAGE 23. Oh ! the charming little man, as he was ! How white his teeth, like pearls ; small — yes, small— delicate hands — perfumed ! How elegant the little man was — and how great an eater ! page 26. At all events I can continue Julia, and my phaeton. But what is the matter with him ? He adores Adela— What fine children ! — and why did not they tell me of it ? — She will not return again until it is over — All will be soon well. page 31. Poor fellow ! down he fell, dead ! page 34. The poor Princess gave such fine balls. Conjugal virtue. Virtue in a married woman, is to continue attached to her lover even though he is dis- agreeable to her. YOUNG FRANCE. page 56. Head of hair. SOCIAL STATE. • page 89« Nevertheless estates in possession, which form the grants for support of hereditary titles, which the Em- APPENDIX, 323 peror shall have made to a Prince, or to the head of a family, must be transmitted to the heir [as an entailed estate.] PAGE 96. We did not wish to burden the country with eighty thousand tyrants, but only three hundred individuals whom we wished to invest with high functions. That was all. PAGE 97. The gods we have at present are Science and Art ; we are excited in the theatres and the court as we once were in the churches : the heart which formerly was obedient to priests, we now consecrate entirely to philo- sophers and poets. STATE OF THE WORKING CLASSES. PAGE 110. The poor's rate was raised compulsorily. page 128. That France has the blessing of not being distracted by those dissensions, which in other countries cause discord betwixt the workmen and the manufacturer who employ them. EQUALITY. PAGE 131. All men are equal and free from their birth ; no one has a greater right than others to employ his natural or VOL. II. Q 324 APPENDIX* acquired talents ; this privilege partaken by all, is alone limited by the conscience of the man exercising it, which forbids him to make any use of it to the detriment of his fellow-men. THE END* » - - ». » v LONDON : SCHULZE AND CO. 13, POLAND 8TREBT. L